Disposed

Mr. Asirn Bin Qasim v. The State of Telengana

Telangana HC19 Mar 2021CRLP/2026/2021

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings in a matrimonial and dowry offence case. Instead of quashing, the Court directed the Investigating Officer to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines while conducting the investigation.

What did the court decide?

Directed the Investigating Officer to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; allowed investigation to proceed.

Mr. Asirn Bin Qasim Vs The State of Telengana — Dowry and Cruelty | Telangana HC (2021)

¶1

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

FRIDAY, THE N'NETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

¶6

CRIMINAL PETITION NO: 2026 OF²⁰²¹

¶7

Between:

¶8

I,4 r. Asirn Bin Qasim, S/o^{Latelr,4ohammedKhasim'aged about 30 years'} Occ: unemployed, Caste^{Muslim, (A-1} )

¶9

2.Smt.KhursheedBegum,W/oLatelvlohammed^Khasimaoeabout69Vears, occ: Home Made,^{R/o'ig-'5-56rbo.'M;fiilbcotony,Asi-fnagar, Hyderabad,} (Al and A3)

¶10

- Smt. 490/40/A/18/1 Shahnaaz ,^{Huda Colony, Asif nagar' Hyderaoao'Begum, W/o aged about45,years' Occ: Homemade' Rl/o 12-1-}

¶11

$,ilohammed^{Khiyamuddin, S/o MohammedKhasim, age about 45 years'}

¶12

" 6;;:dr;i'i";';,' il; s;,d;b;d: nlai qao irva Masjeed'^Hvderabad

¶13

...PETITIONERS/ACCUSED

¶14

AND

¶15

The State^{of Telengana,rep through Public Prosecutor of T'S' Highcourt'} Hyderabad.

¶16

28 vears'^occPrivate

¶17

2 s* s,"$8,:l'"i1i,1;?ii#i?:iliS,.l,llixlaeeoabout

¶18

...RESPONDENTS

¶19

Petition^{under Section 482 of Cr'P C praying that in the circumstancesstated} in the Memorandum^{of Grounds of Criminal Petition'the High Courtmaybe pleased} to^{quash the proceedingsin Crime No 257 of 2O2O'dated23-06-2020on the file of} Women^{Police Station' D D at Hyderabad' against the Petitioner/Accused'}

¶20

r.A. NO :1^OF2021

¶21

that in^{the circumstancesstated} Petition^{under Section 482 of Cr'P C praying} ,^{the High CourtmaY be Pleased} in the Memorandum^{of Grounds of CriminalPetition} .257 of^{2020, dated 23'06-2020} to^{grant stay of all further proceedings in CrimeNo} yderabad,^{datedon thef ile of} on the^{file of Women Police Station' D'D at H} posal of^{the Main QuashPetition} including^{the appearance of the Accused till the dis} in the^{interest of the.iustice'}

¶22

upon Perusing^{theMemorandum of} This^{Petition coming on for hearing'} ng the^{argumentsof Sri M A' Aleem} Grounds^{of Criminal Petition and upon heari} sistant^{PublicProsecutor on behalf of} Maiid,^{Advocate for the Petitioner and the As} the Respondent^{No 1'}

¶23

The Gourt^{madethe following:ORDER}

¶24

HONOURABLE^{SRI JUSTICEK' LAKSHMAN} CRIMINAL^{PETTTION No.20 26oF 2021}

¶25

oRpER^(ORAL):

¶26

This Criminal^{Petition,underSection482 of the Code of} Criminal Procedure,^{1973 (for short 'Cr'P'C''), is filed seeking to} quash the proceedings^{in Crime No'257 of 2020 pending on the file of} the Station House^{Officer, Women PoliceStation, Detective} Department, Hyderabad.^{The petitioners herein are accusedNos'1,3,} 4 arrd 5 in the said Crime.^{The offences allegedagainstthe petitioners} are under Sections 498-4 ofthe^{IndianPenal Code, 1860 (for short} 'IPC') and Sections 4 and^{6 of Dowry Prohibition Act'1961.}

¶27

Heard Sri M.A. Aleem Majid, learned^{counselfor the} petitioners, and learned Assistant Public Prosecutor for the^State. Perr.rsed the record.

¶28

3 . A perusal of the record would show that marriage of petitioner No. i with respondent No.2 - de J'acto complainant was performed on 22.07 .2016. It appears, thereafter, matrimonial disputes arose between them. Respondent No.2 has lodged^{a complainton} 04.05.2019 with the Inspector of Police, Women^{PoliceStation,} Central Crime Station, Hyderabad,^{against the petitioners herein.} According to the leamed counsel for the^{petitioners, the policehave} not registered any crime and after counselling,^{they have closed the} said crime. On the very same set of allegations,^{respondentNo.2 has} no*'lodged the present complaint and the very same^{police registered}

¶29

the present complaint. Referring to the death certificate^{issued by the} Municipal Corporation^{of Hyderabad,the leamed counsel for the} petitioner would^{submit that the father of the husband (petitioner} No.l) of^{respondent No2 died on 18'062004 and even then' the} present crime^{is registeled against him ( father of petitionerNo' 1 )'} The leamed^{counsel for the petitionerswould submit that petitioner} No.l has^{already filed petitionsin OP' Nos'776 and 777 of 2019} seeking^{restitution of conjugalrights and Guardianshipand thesame} are pending. Thus,^{without aPPlicationof mind, the Policehave} registered^the Present^crtme'

¶30

The^{aboveaspectswouldreveal that there are matrimonial} disputes^{betweenpetitioner No' 1 andrespondentNo'2'}

¶31

Considering^{the above aspectsand also the aspectsthat the} punishment^{prescribedfor the offences alleged against the petitioners} is imprisonment^{of seven years or below sevenyears' the Investigating} Officer^{in Crime No'257 o12020 penciing on the t-rle of Women Police} Station,^{Detective Deparurent' Hyderabad' is directed to strictly follow} the^{procedureprescribed in Sectionol 4l-A of Cr'P'C'and alsothe} guidelines^{issued by the Apex Court in Arnesh Kumar v' State} of Biharr.^{However'it is made clear that the investigationmay go} on and^{the petitionersshall cooperate with the Investigating Officer} by by submitting^{the informationand the documents'if any' as required} him^{in concluding the investigation'}

¶32

'^{(2014)8 scc273}

¶33

¶34

With the above directions, the criminal petition is disposed

¶35

of, at the admission stage itself.

¶36

As a sequel thereto, miscellaneous petitions, if any, pending, in

¶37

the criminal petition stand closed.

¶38

TO,

¶39

ASs'sriRf txEiEi+1H //TRUE COPYII G

¶40

SECTION OFFICER

¶41

l*mwlif,ffi^{{:*f}';l#-#ri#rxit-;;}

"#sif

HIGH^COURT

DATED:^1910312021

6E .t) 1' r€
(
:l '( l
,.)'i) 29 IPB 2021 r
i,l

¶46

ORDER

¶47

CRLP.No.2026 of²⁰²¹

¶48

DISPOSING OF THE CRIMINAL PETITION

¶49

o,
/_)

Mr. Asirn Bin Qasim v. The State of Telengana

Case brief

What is this about?

What did the court decide?

Mr. Asirn Bin Qasim v. The State of Telengana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Syed Zakiuddin , Urooj and another Vs The State of Telangana and another

Komatireddy Shyamsunder Reddy Vs The State of Telangana

Association of Liquor and Beer Suppliers, Vs State of Telangana

Thirupathi Mutta Vs The State of Telangana and Another

Sabavath Srinivas Vs The State of Telangana and another

Depavath Mothya Naik- Vs The State of Telangana