Crl.Petition No.7368 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.7368 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- accused Nos.1 to 3 to quash the proceedings against them in C.C.No.11005 of 2021 pending on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offences under Sections 498-A and 506 of Indian Penal Code.
2. Heard learned counsel for the petitioners, learned counsel appearing for respondent No.1 and learned Additional Public Prosecutor for the respondent No.2 - State. Perused the record.
3. Learned counsel for the petitioners submits that the crime as filed is time barred for the reason that it is filed after 3 ½ years after the respondent No.1 left the home. The reason for leaving home was due to abusing and for physical harassment by accused No.1. In the said circumstances, it cannot be said that the spouses are Crl.Petition No.7368 of 2022 2 separated and the judgment of the Hon'ble Supreme Court in Kamlesh Kalra vs Shilpika Kalra and others1 is not applicable.
4. The learned counsel appearing for respondent No.1 would submit that non-bailable warrants are pending against the petitioner Nos.2 and 3. The petitioners are at liberty to approach the trial Court seeking recall of the warrants, if they are so adviced.
5. No grounds to quash the proceedings, accordingly, the petition is dismissed.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 09.03.2023 Smk 1 Common order in Criminal Appeal Nos.415 and 416 of 2020