THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1126 OF 2020
ORDER:
1. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-Accused to quash the proceedings in DVC No.223 of 2018 on the file of IV Metropolitan Magistrate, Hyderabad.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the 1st respondent - State. Perused the record.
3. A perusal of record would reveal that, the marriage of 2nd respondent with the 1st petitioner was performed on 04.05.2015 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 DVC No.223 of 2018 on the file of IV Metropolitan Magistrate, Hyderabad against the 2 petitioner 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- 1st respondent is dispensed with in DVC No.223 of 2018 on the file of IV Metropolitan Magistrate, Hyderabad, when represented by his counsel on record, the attendance of the petitioner is dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and also he shall not dispute his identity. However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner's failure to appear when the Court directs, this order dispensing his attendance would stand cancelled.
6. Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioner 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 3 of Bhushan Kumar and another vs. State (NCT of Delhi) and another1.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 19.04.2023 kvs 1 (2012) 5 SCC 424 4 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1126 OF 2020 Date: 19.04.2023 kvs