Disposed

Kunchapu Sreenu v. The State Of Telangana

Telangana HC16 Mar 2021WP/4965/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an FIR registered under Section 498-A IPC and Dowry Prohibition Act. Instead of quashing the FIR, the court directed the police to strictly follow Section 41-A CrPC and the Arnesh Kumar guidelines regarding arrest, citing the mental harassment in matrimonial disputes.

What did the court decide?

Directing the Investigating Officer strictly to follow Section 41-A CrPC and Arnesh Kumar guidelines; petitioners to cooperate.

Kunchapu Sreenu Vs The State Of Telangana — Matrimonial and Divorce | Telangana HC (2021)

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HIGH COURT FOR IHE S] r. r;;,;,. dIi,,.j lf"!l#"",#f^{A r H yDE} RA BA D

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TUESDAY, IHE I ,* o * o rC ill'^1H?,,?lloj*.ⁿ

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PRESENT

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THE HON'BLE SRI JUSTICE K.LAKSHMAN

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WRIT P ETITION N o. 4965 0 F 2021

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Betwee n:

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1 Kunchapu Sreenu, S/o. I/allaiah,. Aged about 42 yearc, Occ: Agriculture, R/o. [i{];r:: L??t|l^{.,, t"rasa.Coro ni, K ;;;; ;i(,i;t, r.r"*-sii"e ib; r",prE}

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2 Sygluq,^{Yellamma,W/o lVallaiah,Age.} about 65 years, Occ: Housewife, R/o. ? 7-6-33. Saj Nagar, panagat(V). Natsond;nlinj,r u"njii.t,i.t bnrvann Neetamama, Wio-. Satyanarayana, Age about 45 vears. Occ: Housewife, R/o. H. No 2-s6/9/'6l74. 'cr,inorri, Ni[- ri""oil"vioiiir, Hyderabad.

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4 Shivartri Satyanarayana, S/o. Venkaiah, Age.about 50 years, Occ: Busrness, Rio, H. No. 2:s6tst6t7tA, cnanorria Nii[ ih;"rd; r/;;;ili FIfi'"#;.";;

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AND

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The State of Telangana, Rep. b.51 its principal Secretary, Home Department, Secretariat Buildings, Secretariat, Hyderabad'

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The Station House Officer, Sarooinagar Women Police Station, Rachakonda District.

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Kunchapu Devi Rani, S/o. Kunchapu Sreenu, Age- 29, Occ: Housewife, Rt/o.Plot No. 5, Hayath na ga r, Sainagar Colony, Kummariku nta, r"nrn:HE$$li,"lara

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Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue a writ, order or direction more^particularly one in lhe nature of^{writ of} Certiorari calling for the records in impugned^{F.l.R. which has been registeredas} CrimeNo.gl of 2021 ,Dt.13-o2-2o21 ,U/Sec498(4)^{lPC,3,4ofDP Actonthefile} of saroornagar women Police^{station,RachakondaDistrictandconsequently} pteased to quash the crime No.91 of²⁰²¹ .^{Dt.13-O2-2O21} ,^{UlSec.498(A) lPC, 3,of} D.P. Act on the file of Saroornagar^{Women Police Station.}

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lA NO: 1 OF 2021

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Petition under Section^{151 CPC prayingthat in the circumstancesstated in} the affidavit filed in support^{of the petition, the High court may be pleased to direct} the respondents not^{to arrest the petitioners, pending disposalof the present writ} petition in the interest of^justice and equity.

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Counsel for the Petitioners:^{SRI JAYSURYA VISHNU VARDHAN}

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Counsel for the Respondent^{Nos. 1 & 2: GPFOR HOME}

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Counsel for the ResPondent^No.3: -

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The Court made the^{following:ORDER}

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION No.4965 OF 2O21

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ORDER:

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This writ petition is filed to quash the proceedings in Crime No.91 of 2027 pending on the file of Saroornagar Women Police Station, Rachakonda. petitioners/ A-1 to A_4 are accused in the said crirne. The offences alleged against them are under Sections 498-4 of IpC and Sections 3 and 4 of Dowry Prohibition Act.

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Heard learned counsel for the petitioners as well as the learned Government pleader lor Home. perused the record.

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The marriage of the 1"r petitioner with the 3..1 respondent was perform ed, on 22_OB-2O13. It appears that thereafter disputes arose between them. The 1"t petitioner has served a notice, dated 08_02 -2027 on the 3rrr respondent seeking dissolution of marriage with mutual consent.

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Learned counsel for the petitioners referring to the whatsup message sent by the 3.a respondent on 73_02_202r would submit that the 3.a respondent would refuse to cooperate witJ. the 1st petitioner for dissolution of marriage with mutual consent. The said facts wouid reveal that there are matrimonial disputes between the petitioners and the 3.a respondent. T}re 2"d petitioner is the mother, aged 65 years,

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3.a petitioner is married sister and 4th petitioneris brother_in_ law of petitioner No. 1 /A- 1.

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Considering the said aspects and also the aspect that the punishment for the offences alleged against the petitioners is imprisonment for seven years and below seven years, this Writ Petition is disposed of directing the lnvestigating Officer in Crime No.91 of 2O2l on the lile of Saroornagar Women Police Station, to strictly follow the procedure laid down under Section 41-A Cr.p.C., and also the guidelines issued by the Hon'bie Apex Court in Arnesh Kumar v. State of Bihar and anotherr. The petitioners - Accused Nos. 1 to 4 shall co-operate with the Investigating Officer.

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Miscelianeous petitions, p2020ending if any, sha1l stand closed.

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I lzotty 8 scc 273

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SD/.K.AMMAJI ASSISTANT REGISTR //TRUE COPY// SECTION FFICER

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To, 1. The Station House Officer, Saroornagar^{Women PoliceStation, Rachakonda} District. 2. One CC to Sri Jaysurya Vishnu^{Vardhan, Advocate} tOPlCl 3. Two CCs to GP for Fiome,^{High Court for the State of Telanganaat Hyderabad.} lourl 4. Two CD Copies.

IVP \r$.

HIGH COURT

DATED:1610312021

ORDER

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WP.No.4965 of 2021