IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.3946 OF 2011 DATE:10.06.2011 Between: Syed Omer Yamani and 3 others .... Petitioners And: The State of A.p., rep. By PP and another ....Respondents. THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.3946 OF 2011 ORDER: The petitioners herein who are four in number have filed this petition under Section 482 Cr.P.C to quash the F.I.R in Crime No.124 of 2011 of C.C.S (DD) Women Police Station, Hyderabad. The offences alleged are those punishable under Sections 498-A read with Section 34 IPC and Sections 4 and 6 of Dowry Prohibition Act. The 1st petitioner is stated to be the husband of the 2nd respondent i.e., the defacto-complainant and the petitioners 2, 3 and 4 are stated to be the sisters and brother of the 1st petitioner. It is brought to my notice that the first petitioner has been remanded to judicial custody and he has not been granted bail. The learned counsel for the petitioners has pointed out that the 1st petitioner has already given divorce under Muslim Law on 27.02.2011 and thereafter the defacto-complainant has given the F.I.R on 08.04.2011 and infact the marriage does not subsist between him and her and therefore the above offences do not arise and the F.I.R is liable to be quashed on that ground. It is difficult to accept this contention. It may be noted that whether the divorce given is valid or not can be examined in the course of investigation and the first petitioner has already been remanded to judicial custody. In these circumstances, I am of the opinion that there is no ground to interfere in the matter and the investigation can go on. The learned counsel for the petitioners argues that the petitioners 2 and 3 are ladies and the 4th petitioner is the younger brother of the first petitioner. It is pleaded that the first petitioner has already divorced his wife and the matter is pending with the police. On that aspect, as the first petitioner has already remanded to judicial custody, the concerned police may take decision relating to arrest the petitioners 2, 3 and 4 after completion of the investigation. With this direction, the criminal petition is dismissed. ______________________ N. RAVI SHANKAR,J Date: 10.06.2011. Gk. THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.3946 OF 2011 DATE:10.06.2011 Gk.