Crl.Petition No.806 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.806 OF 2023
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, 3 and 4 to quash the proceedings against them in C.C.No.10077 of 2021 (arising out of Crime No.41 of 2021) on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioners are under Sections 498-A, 420, 406 and 506 of Indian Penal Code and Sections 4 and 6 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.
3. Learned counsel for the petitioners submits that the 1st petitioner-husband filed an application for restitution of conjugal rights before the Judge, Family Court, City Civil Court, Hyderabad vide O.P.No.1167 of 2020. However, the present charge sheet was filed by the police without considering all the previous disputes Crl.Petition No.806 of 2023 2 amongst the spouses. He relied upon the judgment of Hon'ble Supreme Court in case of Swapnil and ors vs. State of Madhya Pradesh1 and argued that under similar circumstances, the Hon'ble Supreme Court was pleased to quash the proceedings.
4. The facts in Swapnil case supra have no relevant to the present facts of the case. In the present case, there were several allegations made including cheating, suppression of health condition of Accused No.1. Whether such demands were made subsequently and whether the petitioners were responsible in harassing the 2nd respondent and deliberately a false complaint is filed can only be determined after trial. Therefore, there are no grounds to consider the case of the petitioners - Accused Nos.1, 3 and 4.
5. However, learned counsel for the petitioners requested this Court to dispense with appearance of the petitioners.
6. In view of the facts and circumstances of the case, this Criminal Petition is disposed off with the following directions:
i) The appearance of the 2nd and 3rd petitioners - Accused Nos.3 and 4 is dispensed with in C.C.No.10077 of 2021 (arising out of 1 (2014) 13 SCC 567 Crl.Petition No.806 of 2023 3 Crime No.41 of 2021) on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad, when represented by their counsel on record.
ii) The appearance of the 2nd and 3rd petitioners is dispensed subject to filing an affidavit 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.
iii) However, the 2nd and 3rd petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing their appearance shall stand cancelled.
iv) No such relief is granted as far as 1st petitioner - Accused No.1 is concerned and he shall appear before the trial Court on every date of hearing without fail.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 27.01.2023 ns