Telangana High Court
Kathula Jaipal Reddy vs The State Of Telangana on 20 October, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5092 OF 2020
ORDER:
This petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.382 of 2020 pending on the file of Choutuppal Police Station, Rachakonda Commissionerate. Petitioners/ A-1 to A-5 are accused in the said crime. The offences alleged against the petitioners are under Sections 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the record.
3. Learned counsel for the petitioners would submit that the marriage of the 1st petitioner with the 2nd respondent was performed on 09-11-2018 and the 2nd respondent has stayed only for 15 days with the 1st petitioner. Negotiations were held with the caste elders and well-wishers thrice. They have decided to take divorce with mutual consent by filing appropriate application.
4. Considering the said submissions and also the fact that the 2nd petitioner is mother of A-1 - 66 years old woman, petitioner No.3 is married sister of A-1 and petitioners 4 and 5 are brothers of A-1 and also the fact that the punishment for the offences alleged against the petitioners is imprisonment for seven years and below seven years, this Criminal Petition is disposed of directing the Police, Choutuppal Police Station, Rachakonda Commissionerate, to follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines issued by the Hon'ble Apex 2 Court in Arnesh Kumar v. State of Bihar and another1. Till completion of investigation and filing of final report, the Police are directed not to arrest the petitioners - A-1 to A-5 in the above said crime.
Miscellaneous petitions, pending if any, shall stand closed.
__________________ K. LAKSHMAN, J October 20, 2020 PN 1 (2014) 8 SCC 273 3 THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.5092 OF 2020 October 20, 2020 PN