Telangana High Court
Dara Lakshmi Narayana And 6 Others vs The State Of Telangana And Another on 16 February, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1479 OF 2022
ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in Crime No.82 of 2022, pending on the file of P.S. Neredmet, Rachakonda. The petitioners are Accused Nos.1 to 7 in the said crime. The offences alleged against them are under Sections 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Sri P.Ravi Kiran, learned counsel for the petitioners and learned Public Prosecutor for the 1st respondent. Perused the record.
3. A perusal of complaint dated 01.02.2022 would reveal that the marriage of the 1st petitioner with the 2nd respondent was performed on 08.03.2015. It appears thereafter matrimonial disputes arose between them. According to learned counsel for the petitioner, the 2nd respondent has deserted the 1st petitioner on 04.10.2021 and the 1st petitioner got issued legal notice dated 13.12.2021 2 KL,J Crl.P.No.1479 of 2022 requesting the 2nd respondent to co-operate in obtaining decree of divorce with mutual consent. Perusal of the said legal notice would reveal that prima facie, there are serious allegations against the 2nd respondent. Thus, there are matrimonial disputes between the 1st petitioner and the 2nd respondent. Petitioner Nos.2 and 3 are parents, petitioner Nos.4, 5 & 6 are married sisters and petitioner No.7 is brother of petitioner No.1/Accused No.1. In matrimonial disputes, the custodial interrogation of accused is not required and their personal liberty needs to be protected.
4. In view of the above said discussion, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.82 of 2022, pending on the file of P.S. Neredmet, Rachakonda, to strictly follow the mandatory procedure contemplated under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1. The petitioners herein/accused Nos.1 to 7 shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in 1 (2014) 8 SCC 273 3 KL,J Crl.P.No.1479 of 2022 concluding the investigation. Till completion of investigation and filing of final report, the Investigating Officer is further directed not to arrest petitioners herein/accused Nos.1 to 7.
Miscellaneous Petitions, pending if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 16.02.2022 KL