Sole appellate judicial officer ordered quashing of criminal proceedings under Section 498-A IPC by directing investigation without arrest, citing potential prejudice to future settlement in matrimonial disputes.
Directions issued to investigating officer to complete investigation without making arrest of the petitioners.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.9853 of 2011
ORDER:
Petitioners/A-1 & A-2 approached this Court with a prayer to quash the proceedings initiated against them in Crime No.556 of 2011 of Uppal Police Station, Cyberabad, Hyderabad, registered for the offence punishable under Section 498-A IPC.
Heard.
Admittedly, the matter is at the stage of investigation. On a perusal of the records, it is seen that there are some allegations against the petitioners herein. As such, this Court is not inclined to interfere with the investigation. But at the same time, since the alleged offence arose out of matrimonial disputes, if the petitioners are arrested, it may cause prejudice in case there is any proposal for settlement between the parties in future.
Hence, the investigating officer is directed to complete the investigation of the case without making arrest of the petitioners herein.
The Criminal Petition is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
____________________ JUSTICE RAJA ELANGO
13.10.2011 v v
2 issues framed by the court
Whether criminal proceedings under Section 498-A IPC arising from matrimonial dispute should be quashed at the investigation stage.
Whether arrest of parties involved in matrimonial dispute should be avoided to prevent prejudice to future settlement.
1 provisions across 1 enactments
Petitioners
Respondents
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
