Crl.Petition No.10785 of 2022
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THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10785 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- Accused Nos.1 to 3 to quash the proceedings against them in C.C. No.10316 of 2020 pending on the file of XIII Additional Chief Metropolitan Magistrate Court at Manoranjan Complex, Nampally, Hyderabad, registered for the offences under Sections 498-A, 354 of Indian Penal Code and Sections 4 and 6 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioners - Accused Nos.1 to 3 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.
3. The facts of the case are that the 2nd respondent-de facto complainant was married to accused No.1 on 20.01.2018 and at the time of marriage, dowry was given to accused No.1. Thereafter, accused No.1 and his family members started harassing complainant by demanding additional dowry.
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4. There are several allegations against the petitioners herein which are facts to be decided by the concerned Court during the course of trial. 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 C.C. No.10316 of 2020 pending on the file of XIII Additional Chief Metropolitan Magistrate Court at Manoranjan Complex, Nampally, Hyderabad against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute.
5. Thus, having regard to the facts and circumstances of the case, the attendance of the petitioners herein - Accused Nos.1 to 3 is dispensed with in C.C. No.10316 of 2020 pending on the file of XIII Additional Chief Metropolitan Magistrate Court at Manoranjan Complex, Nampally, Hyderabad, when represented by their counsel on record on all dates of hearing. The attendance of the petitioners is dispensed subject to filing an affidavit by the petitioners 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. The petitioners shall appear before the concerned Court on the date of examination under Section 313 Crl.Petition No.10785 of 2022 3 Cr.P.C and also on the date of pronouncement of Judgment and also on all such dates which the trial Court directs. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance would stand cancelled.
6. Accordingly, the Criminal Petition is disposed off.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 05.12.2022 mnv