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Judgment
This Criminal Petition has been filed seeking to quash the proceedings in Crime No.210 of 2026 of Siddipet II Town Police Station, Siddipet District, wherein the petitioners were arrayed as accused Nos.1 to 4, registered for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (DPA).
Heard Mr.Syed Osman, learned counsel for the petitioners and 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 respondent No.2 left the matrimonial house voluntarily and she has filed the present complaint implicating all the family members of petitioner No.1 as accused by making ominous allegations. Petitioner Nos.2 to 4 never demanded any additional dowry or harassed respondent No.2. Even according to the allegations levelled in the complaint, the ingredients of the offences punishable under Section 85 of BNS and Sections 3 and 4 of DPA are not attracted against the petitioners. 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 Bihar1, 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 against the petitioners with regard to the demand of additional dowry and harassment. The said allegations prima-facie attract the ingredients of offences punishable under Section 85 of BNS and Sections 3 and 4 of DPA. Whether the allegations levelled against the petitioners are true or false, the same has to be revealed during the course of investigation. 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 prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) and the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar2, the petitioners are evading the receipt of notice and not cooperating with the investigation.
Learned counsel for the petitioners submits that they 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 petitioner No.1 and respondent No.2 are husband and wife and due to their matrimonial disputes, respondent No.2 lodged a complaint against her husband i.e., petitioner No.1 and petitioner Nos.2 to 4, who are the family members of petitioner No.1. 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 14.09.2026 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.