THE HONOURABLE SRI JUSTICE K. SURENDER
CRIMINAL PETITION No.851 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners- Respondent Nos.2 and 3 to quash the proceedings against them in DVC No.42 of 2022 on the file of the First Additional Junior Civil Judge at Wanaparthy. Respondent Nos.2 and 3 herein have filed an application under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short 'Act, 2005') under various reliefs.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. Though the petitioners have raised several grounds to quash the proceedings in the aforesaid DVC, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners, in the aforesaid DVC case before the trial Court.
4. In view of the aforesaid submission, this Criminal Petition is disposed off with the following directions:
i) The appearance of petitioners is dispensed with in DVC No.42 of 2022 on the file of the First Additional Junior Civil 2 Judge at Wanaparthy, when represented by their counsel on record.
ii) The appearance of 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 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.
5. Needless to say, the petitioners are at liberty to file an application seeking discharge before the concerned Court. In the event of such application being made, 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, within a period of four weeks from the date of filing.
Miscellaneous applications pending, if any, shall stand closed.
_______________ K.SURENDER, J 27th January 2023 1 (2012) 5 SCC 424 3 mar