Crl.Petition No.10687 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10687 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- respondent Nos.1 to 6 to quash the proceedings against them in D.V.C.No.21 of 2021 pending on the file of I Additional Junior Civil Judge cum I Additional Judicial Magistrate of First Class, Sangareddy.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. A perusal of record would reveal that, the marriage of 2nd respondent was performed with petitioner No.2 on 11.08.2017. Thereafter matrimonial disputes arose between them.
4. The allegations leveled against the petitioners herein are general in nature and they are triable issues. The petitioners herein have to face trial and prove their innocence. In view of the same, this Court is not inclined to quash the proceedings in D.V.C.No.21 of Crl.Petition No.10687 of 2022 2 2021 pending on the file of I Additional Junior Civil Judge cum I Additional Judicial Magistrate of First Class, Sangareddy against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute.
5. In view of the above reasons, the attendance of the petitioner Nos.2 to 6 herein - Respondent Nos.2 to 6 is dispensed with in D.V.C.No.21 of 2021 pending on the file of I Additional Junior Civil Judge cum I Additional Judicial Magistrate of First Class, Sangareddy, when represented by their counsel on record. The attendance of the petitioner Nos.2 to 6 is dispensed subject to filing affidavits by them stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioner Nos.2 to 6 shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioner Nos.2 to 6 failure to appear when the Court directs, this order dispensing their attendance would stand cancelled.
6. Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose Crl.Petition No.10687 of 2022 3 it off on merits in view of the judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and another1.
7. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 01.12.2022 rev 1 (2012) 5 SCC 424