1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.999 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Accused No.1 to quash the proceedings against him in FIR No.424 of 2022 pending on the file of Station House Officer, Malakpet Police Station, Hyderabad, filed for the offences punishable under Sections 442, 420, 444, 406 read with 34 of Indian Penal Code (for short "IPC") and Section 156(3) of Cr.P.C.
2. Heard both sides. Perused the record.
3. The 2nd respondent - de facto complainant filed a complaint against this petitioner and two others. The said private complaint was referred to the Police for the purpose of investigation. Several allegations are made in the complaint regarding family disputes. The 2nd respondent is none other than the brother-in-law.
4. Learned counsel for the petitioner submits that on two grounds the FIR has to be quashed. Firstly, there is no affidavit filed in accordance with the Hon'ble Supreme Court Judgment in 2 Priyanka Srivatsava and another v. State of U.P. and others reported in (2015) 6 SCC 287. Secondly, there is suppression of factum of pending civil suit.
5. The criminal complaints and the acknowledgements of the police are filed along with the complaint.
6. Further, the complaint discloses that there are pending disputes in the family, for which reason, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.424 of 2022 pending on the file of Station House Officer, Malakpet Police Station, Hyderabad, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1 and not to take any coercive steps against the petitioner- accused No.1. Further, the petitioner - accused No.1 shall appear before the concerned police and execute a personal bond for an amount of Rs.50,000/- (Rupees Fifty Thousand only) and shall co- operate with the Investigating Officer by furnishing information and documents as sought by him.
1 (2014) 8 SCC 273 3
7. With the said observations, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 01.02.2023 rev