Crl.Petition No.10260 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10260 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- respondents 2 and 3 to quash the proceedings against them in DVC No.81 of 2022 pending on the file of III Metropolitan Magistrate at Hyderabad. The offences alleged against them are under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short 'Act, 2005') read with Rule 6 (1) of the Act.
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 respondent No.1 in DVC case was performed on 08.08.2022. Thereafter matrimonial disputes arose between them. The 1st and 2nd petitioners herein are the in-laws of 2nd respondent who are aged 57 and 60 years respectively.
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4. The allegations leveled against 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 DVC No.81 of 2022 pending on the file of III Metropolitan Magistrate at Hyderabad 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 petitioners herein - Respondents 2 and 3 is dispensed with in DVC No.81 of 2022 pending on the file of III Metropolitan Magistrate at Hyderabad, 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 also they shall not dispute their identity. 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 would stand cancelled.
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6. 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 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: 22.11.2022 ns 1 (2012) 5 SCC 424