The High Court disposed of a criminal petition seeking quashing of proceedings for dowry harassment. The court held there are no grounds to interdict investigation and directed the agency to proceed without arresting the petitioner.
Proceed with investigation without arresting petitioner for one month; petitioner to appear as required.
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 HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8066 OF 2016 ORDER:
This petition under Section 482 Cr.P.C. is filed by the petitioner – A1 seeking to quash the proceedings against him in Crime No.36 of 2016 of Bhattiprole Police Station, Guntur District, registered for the offences punishable under Sections 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioner – A1 and learned Additional Public Prosecutor representing the State.
3. The allegation against the petitioner is that he along with other accused harassed respondent No.2 – complainant physically and mentally demanding to get dowry and subjected her to cruelty.
4. Specific allegation was made against the petitioner in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during the course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the proceedings against the petitioner.
5. In the facts and circumstances of the case, the
Criminal Petition is disposed of, directing the investigating agency to proceed with the investigation, however, without arresting the petitioner/A1 for a period of one month from today in the above crime. The petitioner/A1 shall appear before the investigating agency as and when required during course of investigation.
Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.
__________________ M.S.K.JAISWAL, J
June 13, 2016 MD
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.8066 OF 2016
June 13, 2016
MD
1 issue framed by the court
Whether the investigation into alleged dowry harassment under Sections 498-A IPC and Dowry Prohibition Act should be quashed at this stage.
3 provisions across 3 enactments
Petitioner – A1
Respondent No.2
M.S.K. JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
