High Court of A.P Grants Interim Stay in F.I.R Proceedings.

In a significant legal development, the High Court has granted an interim stay on all further proceedings in FIR Proceedings pertaining to a case involving accusations under Sections 420 read with 34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961, revolves around a dispute between the Petitioner and the de facto complainant. 

Advocate S.R.A Rozedar appearing for the petitioner argued that the complaints lack specific incidents or evidence, constituting clear illegality and an abuse of the legal process. They highlight that the allegations in the First Information Report (FIR) do not prima facie constitute any offense against them. They also point out that multiple complaints were filed by the de facto complainant for the same cause of action, which is impermissible according to the Apex Court’s rulings. 

The de facto complainant, who is the former wife of the petitioner, has filed a cheating case several years after their divorce. In 2012, the de facto complainant filed several complaints, including which are still pending in various courts. Despite a Memorandum of Understanding (MOU) signed in 2015 to settle all disputes, the de facto complainant allegedly failed to withdraw the cases or reconcile with the Petitioner. In 2021, the Petitioner pronounced Talaq-E-Hasan, officially divorcing his wife in accordance with Muslim traditions. 

In response to the latest complaint, the petitioners sought the High Court’s intervention under Section 482 of the Criminal Procedure Code (Cr.P.C) to quash the FIR. They argued that the subsequent complaint is based on the same allegations and incidents as the previous ones, making it impermissible and an abuse of statutory power. 

In its interim order, the High Court stated, “Apparently on the face of it, the present complaint amounts to the second complaint on the very same set of facts. The matter requires examination. In view of the said reasons, there shall be an interim stay of all further proceedings for a period of twelve (12) weeks.” 

This case highlights the complexities and challenges in legal disputes involving familial and marital conflicts. The interim stay granted by the High Court provides temporary relief to the petitioners, pending a detailed examination of the merits of their case.