Parvathala Mahesh & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 6 seeking to quash the proceedings in Crime No.72 of 2026 of Kuntala Police Station, Nirmal District, for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short ‘BNS’).

Heard Mr.K.V.R.Verma, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

With their consent, the 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 case. He further submitted that petitioner No.1 and respondent No.2 are husband and wife and petitioners never harassed respondent No.2 or demanded additional dowry, as alleged in the complaint, and the ingredients of Section 85 of the BNS and Sections 3 and 4 of the DP Act are not attracted against the petitioners. He further submitted that respondent No.2 implicated all the family members of petitioner No.1. Respondent No.2 left the house of petitioner No.1 voluntarily and filed the present complaint. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law. He further submitted that the offences levelled 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 '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, the learned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners that they demanded additional dowry from respondent No.2, which prima facie attract the ingredients of Section 85 of the BNS and Sections 3 and 4 of the DP Act. Whether the allegations levelled in the complaint are true or not the same has to be revealed during the course of investigation especially the investigation is under progress. The petitioners are not entitled to seek quashment of the proceedings against them at this stage. However, since the offences alleged against the petitioners are punishable with imprisonment of less than seven years, the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines laid down by the Hon’ble Apex Court in Arnesh Kumar (supra). However, the petitioners are avoiding receipt of notice under Section 35(3) of the BNSS and are not cooperating with the investigation.

By way of reply, learned counsel for the petitioners submitted that petitioners will cooperate with the investigation, and submit their reply/explanation along with relevant documents. He further submitted that the Investigating Officer may be directed to follow the due procedure as contemplated under the provisions of the BNSS.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that petitioner No.1 and respondent No.2 are wife and husband and disputes arose between them out of their matrimonial relationship. The record further discloses that the offences levelled against petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra).

In view of the above, petitioners are directed to appear before the Investigating Officer on or before 27.08.2026 and the Investigating Officer is directed to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioners are entitled to put forth their grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with them before the Investigating Officer. The petitioners shall also cooperate with the investigation.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.