Crl.Petition No.97 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.97 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 to 3 to quash the proceedings against them in DVC No.253 of 2022 pending on the file of IV Metropolitan Magistrate at Manoranjan Complex, Nampally, Hyderabad. The offences alleged against them are under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short 'Act, 2005').
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 one Lingampally Laxman was performed on 10.05.2018 and thereafter matrimonial disputes arose between them. The 1st and 2nd petitioners are aged mother and father of the 1st respondent in D.V.C.No.120 of 2022 who are aged 78 and 73 years respectively.
4. The allegations leveled against petitioners 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 Crl.Petition No.97 of 2023 2 D.V.C.No.120 of 2022 against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute.
5. The main grievance of petitioners is that they are residents of Prakasam District and it would be difficult for them to attend the Court on every date of hearing, accordingly their presence before the Court below in the above DVC has to be dispensed with.
6. In view of the above discussion, the attendance of the petitioners herein - Respondents 2 to 7 is dispensed with in D.V.C.No. 120 of 2022 pending on the file of Hon'ble Judicial Magistrate First Class(PCR) at Karimnagar, 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.
7. Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners filing an application under Section 239 of Crl.Petition No.97 of 2023 3 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: 05.01.2023 hk 1 (2012) 5 SCC 424