Gurukuntla Kartik & Ors. vs S. Moksha & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.505 of 2026 of Jubilee Hills Police Station, Hyderabad, wherein the petitioners were arrayed as accused Nos.1 to 5, registered for the offences punishable under Sections 85, 318(2), read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 3 of the Dowry Prohibition Act, 1961 (for short 'DP Act').

Heard Mr. M. Atish, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.2. With their consent, this criminal petition is disposed of at the stage of admission.

Learned counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated in the present crime. Respondent No.1 lodged the present complaint by implicating all the family members of petitioner No.1. Respondent No.1 voluntarily left the matrimonial house of petitioner No.1 on 28.12.2024. The petitioners never harassed respondent No.1 physically, mentally or demanded for additional dowry. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law. He further submitted that the offences alleged against the petitioners are punishable with imprisonment of less than seven years. The Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) and without following the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}, is proceeding further in the matter and the same is contrary to law.

Per contra, learned Additional Public Prosecutor submitted that there are specific allegations levelled in the complaint about the harassment made by the petitioners and the said allegations prima facie attracts the ingredients of the above said offences. Whether the allegations made against the petitioners are true or not, the same has to be revealed during the course of investigation, especially the investigation is under progress. Since the offences levelled against the petitioners are punishable with imprisonment of less than seven years, when the Investigating Officer is trying to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS, the petitioners are evading the receipt of notice and not cooperating with the investigation.

Learned counsel for the petitioners by way of reply submitted that the petitioners will cooperate with the investigation.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the allegations levelled in the complaint are matrimonial issues and the offences levelled against the petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer wants to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS.

In view of the same, the petitioners are directed to appear before the Investigating Officer on or before 31.08.2026 and on such appearance, the Investigating Officer is directed to follow the procedure contemplated under the provisions of the BNSS, and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra) and the petitioners shall cooperate with the investigation. It is needless to mention that the petitioners are entitled to submit reply to the notice under Section 35(3) of the BNSS by raising all the pleas which are available to them and they are also entitled to submit the documents, if any, which are in their custody, to the Investigating Officer.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.