1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11425 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/A1 to A3 to quash the proceedings against them in DVC No.64 of 2022 pending on the file of the Principal Junior civil Judge-cum-Metropolitan Magistrate, Malkajgiri.
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 with the Accused No.1 was performed on 29.12.2018 and thereafter matrimonial disputes arose between them.
4. The allegations leveled against petitioners herein 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 the aforesaid D.V.C. against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute. 2
5. Learned counsel for the petitioners confines her prayer to dispense with the personal appearance of the petitioners before the trial Court.
6. In view of the aforesaid reasons, the attendance of the petitioners herein/A1 to A3, is dispensed with in DVC No.64 of 2022 pending on the file of the Principal Junior civil Judge-cum- Metropolitan Magistrate, Malkajgiri, when represented by their counsel on record. 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 shall not dispute their identity also. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance shall stand cancelled.
7. Accordingly, the Criminal Petition is disposed off. 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 it off on merits in view of the judgment rendered by 3 the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and another1.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 20.12.2022 tk 1 (2012) 5 SCC 424 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 11425 OF 2022 Dt.20.12.2022 tk