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Judgment
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.209 of 2022 pending on the file of Hayathnagar Police Station, Rachakonda district, registered for the offences under Sections 498-A, 323 and 504 of IPC and Sections 3 and 4 of D.P. Act. The petitioners herein are accused Nos.1 to 4 in the said Crime.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the Record. With their consent this Criminal Petition is disposed of, at the admission stage.
As per the complaint dated 03-03-2022 the marriage of A-1 with 2nd respondent was performed on 06-05-2009. They blessed with 2 children. In the complaint the allegations against the 1st petitioner are that he is maintaining illegal relationship with 4th petitioner, his friend and co-servant. Learned counsel for the petitioners disputes the same. There are specific allegations against petitioners 2 and 3, aged parents of A-1, aged about 66 and 58 years respectively. However, the matter is at crime stage. There are several factual aspects including the allegations made by the 2nd respondent in the complaint dated 03-03-2022 to be investigated into by the Investigating Officer during the course of investigation. The 1st petitioner herein has also filed a petition seeking dissolution of marriage on 10-02-2022. However, in matrimonial disputes custodial interrogation of accused is not required and their personal liberty needs to be protected. In view of the same, this Court is not inclined to quash the proceedings in Crime No.209 of 2022.
In view of the above said discussion and considering the fact that the disputes between A-1 and 2nd respondent are matrimonial disputes, this Criminal Petition is disposed of, directing the Investigating Officer in Crime No.209 of 2022 pending on the file of Hayathnagar Police Station, Rachakonda district, to strictly follow the procedure prescribed in Section 41-A of Cr.P.C. and also the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents, if any, as sought by him in concluding the investigation. Till completion of investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioners 2 to 4 herein / A-2 to A-4 only.
Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.