Smt Meena Jain vs The State Of Telangana
2023 Latest Caselaw 643 Tel

     THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.1321 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 No.1 and 2 - Accused Nos.4 and 5 to call for

records relating to and in connection with Crime No.24 of

2023 on the file of Station House Officer, Narayanguda Police

Station, Hyderabad and to quash the same against the

petitioners. The offence alleged against them are under

Section 304 - B of the Indian Penal Code.

2. Heard learned counsel for the petitioners No.1 and 2 -

Accused Nos.4 and 5 and learned Assistant 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 2009. At the

time of marriage, dowry was also given. The petitioners

herein, who are arrayed as accused Nos.4 and 5 are the

sisters of accused No.1. According to the complaint, after

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 petitioner were already married and living separately

with their spouses. Petitioner No.1/Accused No.4 is the

resident of Thane, Maharashtra and petitioner No.2/accused

No.5 is the resident of Gadag, Karnataka. Learned counsel

for the petitioner 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 Assistant 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

(2009) 10 Supreme Court Cases 184

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.

Learned Assistant 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 along

with their parents occasionally and quarrelling and

harassing the deceased. 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

2021 SCC Online SC 315

Criminal Appeal No.1044 of 2022

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

Code would be attracted against the petitioners. Admittedly,

the petitioners were married long prior to marriage of

accused No.1 and deceased and living separately at

Karnataka and Maharashtra.

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 petitioners No.1 and 2 -

Accused Nos.4 and 5. Further, the petitioners No.1 and 2 -

Accused Nos.4 and 5 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: 08.02.2023 Note: Issue C.C. by today.

tmk

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.1321 OF 2023

Date: 08.02.2023

Note: Issue C.C. by today.

tmk