THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1453 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners - Accused Nos.2 and 3 to quash the proceedings against them in connection with Crime No.24 of 2023 pending on the file of Station House Officer, Narayanguda Police Station, Hyderabad. The offence alleged against them is under Section 304 - B of the Indian Penal Code.
2. Heard learned counsel for the petitioners - Accused Nos.2 and 3 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.
3. The respondent No.2, who is the father - in - law of accused No.1 filed complaint stating that accused No.1 was married to his deceased daughter in the year 2019. At the time of marriage, dowry was also given. The petitioners herein, who are arrayed as accused Nos.2 and 3 are the parents of accused No.1. According to the complaint, after 2 marriage of accused No.1 with the deceased, she was constantly being harassed for additional dowry. It is further stated that the deceased daughter and accused No.1 were living separately at Narayanaguda in a flat. The said incident of suicide occurred at Narayanaguda.
4. Learned counsel for the petitioners would submit that these petitioners are living separately in another house at Begum Bazar. Further, learned counsel for the petitioners relied on the judgment of Hon'ble Supreme Court in Neelu Chopra and another Vs. Bharti1 and as per the said judgment, bald allegations leveled cannot be made basis for prosecuting the relatives of the husband.
5. Learned Additional Public Prosecutor for respondent - State, on the other hand would submit that this Court under Section 482 of the Cr.P.C. cannot order not to arrest the petitioners, in view of the judgment of the Hon'ble Supreme Court in Neeharika Infrastructure Private Limited Vs. State of Maharastra and Ors.2, which was subsequently followed by the Hon'ble Supreme Court in Priyanka Yadav's case. 1 (2009) 10 Supreme Court Cases 184 2 2021 SCC Online SC 315 3 Learned Additional Public Prosecutor has also relied upon the judgment in Siddharth Muskesh Bhandari Vs. The State of Gujarat and Ors3. in which the Hon'ble Supreme Court has clearly stated that staying investigation under Section 482 of IPC was not warranted, following the order of Neeharika Infrastructure Private Limited Vs. State of Maharastra and Ors.
6. As seen from the allegations in the complaint and also the averments made in the remand report, it is mentioned that these petitioners were staying at Begum Bazaar. Admittedly, the alleged incident had taken place at Narayanguda, when the 2nd respondent's deceased daughter and accused No.1 were living separately. In the entire complaint, there is no specific allegation as how the petitioners were involved in any manner prior to the commission of suicide by the deceased. There is no incident of involvement of these petitioners soon before the commission of suicide by the deceased. Accepting allegations, offence under Section 498-A of the Indian Penal 3 Criminal Appeal No.1044 of 2022 4 Code would be attracted against the petitioners. Admittedly, the petitioners were living separately at Begum Bazaar.
7. In the said circumstances, this Court deems it appropriate to direct the Investigating Officer in Crime No.24 of 2023 on the file of Station House Officer, Narayanguda Police Station, to conclude the investigation without taking any coercive steps against the petitioner Nos.1 and 2 - Accused Nos.2 and 3. Further, the petitioner Nos.1 and 2 - Accused Nos.2 and 3 shall co-operate with the Investigating Officer as and when required for the purpose of investigation.
8. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 13.02.2023 rev