In a criminal petition to quash proceedings for matrimonial offences, the Court directed the Investigating Officer to complete the investigation without arresting the petitioners to facilitate potential future settlement.
Directing Investigating Officer to complete investigation without arrest of petitioners.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.9933 of 2011
ORDER:
Petitioners/Accused approached this Court with a prayer to quash the proceedings initiated against them in Crime No.831 of 2011 on the file of Kukatpally Police Station, Cyberabad, Hyderabad, registered for the offences punishable under Sections 498-A, 506 and 420 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
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 offences 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
18.10.2011 v v
2 issues framed by the court
Whether criminal proceedings under IPC 498-A, 506, 420 and Dowry Prohibition Act can be quashed at the investigation stage to prevent arrest pending settlement proposal.
Whether investigation should proceed without arrest of the accused in matrimonial dispute cases.
Petitioners/Accused
Investigating Officer
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
