Mohammed Shabbir & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.124 of 2026 of Karimnagar Women Police Station, Karimnagar, wherein the petitioners were arrayed as accused Nos.2 to 8, registered for the offences punishable under Section 85 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 4 of the Dowry Prohibition Act, 1961, for short (DP Act).

Heard Mr. M. A. Qavi Abbasi, learned counsel for the petitioners, Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1. 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 only on the ground that petitioner No.1 is the father, petitioner No.2 is the mother, petitioner Nos.3 and 4 are the married sisters, petitioner Nos.5 and 6 are unmarried sisters and petitioner No.7 is the uncle of accused No.1 by making omnibus allegations, though the petitioners never harassed respondent No.2 for additional dowry as alleged in the complaint. Respondent No.2 left the matrimonial house of accused No.1 and living with her parents. When petitioner No.7 tried to resolve the disputes between accused No.1 and respondent No.2, she filed the present complaint by implicating all the family members of accused No.1. 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 submits that there are specific allegations levelled against the petitioners about the harassment made by the petitioners against respondent No.2 for additional dowry. Whether the allegations are levelled against the petitioners are true or not, the same has to be revealed during the course of investigation and the investigation is under progress. Hence, the petitioners are not entitled to seek quashment of the proceedings against them. Since the offences levelled against the petitioners are punishable with imprisonment of less than seven years, the Investigating Officer wants to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS, the petitioners shall 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 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.