Telangana High Court
Kajal R Singh vs The State Of Telangana And Another on 2 February, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION Nos.301, 315 and 318 OF 2021
COMMON ORDER:
These petitions are filed under Section 482 of Cr.P.C., seeking to quash the proceedings in Crime No.737 of 2020 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad relating to the Women Police Station, CCS, Hyderabad, registered for the offences under Sections 498-A of IPC read with Sections 4 and 6 of the Dowry Prohibition Act. The petitioner in Crl.P.No.301 of 2021 is A.4, the petitioners in Crl.P.No.315 of 2021 are A.2 and A.3 and the petitioner in Crl.P.No.318 of 2021 is A.1 in the above said crime.
2. Heard Sri Mohd.Adnan, learned counsel for the petitioners, learned Assistant Public Prosecutor and perused the record.
3. Learned counsel for the petitioners would submit that the marriage of A.1 with the 2nd respondent was performed on 28.03.2018. The petitioners herein have invested an amount of Rs.3.l5 crores with M/s Suratwwala Properties LLP, to which the mother of the 2nd respondent is a Director. The petitioners herein have requested mother of the 2nd respondent to return the said amount. Thereafter, disputes arose with regard to the said money between the petitioners and mother of the 2nd respondent. In proof of the same, the learned counsel for the petitioners has filed copies of Memorandums of Understanding (MOU) dated 09.07.2018, 26.05.2018 and 02.07.2018 wherein 2 to which it appears that the petitioner/A.4 has also signed apart from mother of the 2nd respondent i.e. Mrs. Hema Sukhadia. On perusal of the complaint, dated 21.12.2020 would reveal that except against A.1, there are no allegations much less specific allegations against A.2 to A.4 who are aged parents and married sister of A.1 and they are nothing to do with the matrimonial life of the A.1 and the 2nd respondent.
4. Considering the said facts, and also the fact that the punishment prescribed for the offences alleged against the petitioners is imprisonment of seven years or below seven years, these Criminal Petitions are disposed of directing the Station House officer/Investigating Officer, Women Police Station, CCS, DD Hyderabad, to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and another1. The Police are directed not to arrest the petitioners till completion of investigation and filing of final report. The petitioners shall cooperate with the Investigating Officer in concluding investigation by furnishing information and producing documents as sought for by him, Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 02.02.2021 Vvr.
1 (2014) 8 SCC 273