The Criminal Court dismissed a petition to quash an F.I.R. at the investigation stage. It declined direct interference but directed police to complete investigation without arresting the petitioners to prevent prejudice to future matrimonial settlement.
Directed police to proceed with investigation without arresting petitioners; Criminal Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2858 OF 2011
DATED 30th MARCH, 2011.
BETWEEN :
Binitha & another
.. Petitioners-A.3 & A.4
and
1) Swathi
2) The State of A.P.
..Respondents
THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2858 OF 2011
ORDER:
Petitioners-A.3 and A.4 approach this Court with a prayer to quash the F.I.R. in crime No.803 of 2010 of Kushaiguda Police Station, Cyberabad.
Heard.
Admittedly, the matter is still at the stage of investigation. The complaint lodged by the first respondent herein specifically reveals certain allegations against the accused punishable under Sections 498A, 323 and 406 of Indian Penal Code and 4 and 6 of Dowry Prohibition Act. Hence, this Court is not inclined to interfere with the investigation at this stage.
In any event, since the offence is arising out of matrimonial disputes and any arrest of the petitioners would cause prejudice to the future settlement between the parties, the respondent-Police are directed to proceed with the investigation without making arrest of the petitioners herein.
With above observation, the Criminal Petition is disposed of.
Miscellaneous petitions filed in this Criminal Petition, if any,
shall stand closed.
___________________ RAJA ELANGO, J 30th March, 2011 sur
2 issues framed by the court
Whether the Criminal Court should quash the F.I.R. at the investigation stage where arrest concerns matrimonial disputes.
Whether directions to police to investigate without arresting petitioners are appropriate without intervention on merits.
Binitha
The State of A.P.
Swathi
Binitha & another
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
