HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8598 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.2 and 3 to quash the proceedings against them in C.C.No.2541 of 2022 pending on the file of the Prl. Junior Civil Judge-cum-XI Additional Metropolitan Sessions Judge, Cyberabad at Rajendra Nagar, which was taken cognizance for the offence punishable under Section 498-A of Indian Penal Code.
02. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. The brief facts of the case are that respondent No.2 is the wife of accused No.1 and the petitioners/ accused Nos.2 and 3 are parents of accused No.1. The accused No.1 on the instigation of petitioners has been harassing respondent No.2 physically and mentally and also beat her. Further, accused No.1 and his family 2 members have not at all been looking after the welfare of respondent No.2 and her child, for which, respondent No.2 was constrained to file a report before the police and the said report was registered as FIR No.1553 of 2022 for the alleged offence punishable under Section 498-A of IPC, thereafter charge sheet was filed and the same was taken cognizance as C.C No.2541 of 2022 on the file of the Prl. Junior Civil Judge-cum-XI Additional Metropolitan Sessions Judge, Cyberabad at Rajendra Nagar..
04. It is the contention of the learned counsel for the petitioners that the petitioners are old aged parents of accused No.1 and correspondently, in-laws of respondent No.2. It is his further contention that they are falsely implicated in this case being the parents of husband of respondent No.2. It is his contention that the petitioners are innocent and there were no specific overt acts against them except bald allegations that on their instigation, accused No.1 has harassed respondent No.2 and therefore, prayed to quash the proceedings against them.
05. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings 3 against the petitioners as police have investigated the case and filed charge sheet against them. He further contended that it is not a fit case to quash the proceedings against the petitioners at this juncture and the matter has to be decided after conducting trial by the Court below.
06. Taking into consideration the fact that the petitioner Nos.1 and 2/accused Nos.2 and 3, who are senior citizens and old aged parents of accused No.1 and also no specific overt acts are leveled against them, the appearance/attendance of petitioner Nos.1 and 2/accused Nos.2 and 3 before the Prl. Junior Civil Judge-cum-XI Additional Metropolitan Sessions Judge, Cyberabad at Rajendra Nagar, in C.C.No.2541 of 2022 is dispensed with, unless their presence is required by the Trial Court for a specific purpose, or at the time of recording their examination under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. However, the petitioners Nos.1 and 2/accused Nos.2 and 3 are at liberty to file discharge petition and on such petition being filed, the Trial Court shall dispose of the same on merits within three (3) weeks from the date of filing of the said petition, 4 uninfluenced by any of the observations made in this Order.
07. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 06-09-2023 gvl 5 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8598 OF 2023 Date: 06-09-2023 GVL