HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8656 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused No.2 to quash the proceedings in C.C. No.173 of 2018 on the file of the learned XII Additional Chief Metropolitan Magistrate, Rajendranagar, registered for the offence under Section 498-A of the Indian Penal Code (for short 'IPC')
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. It is contended by the learned counsel for the petitioner that the petitioner is innocent and a false complaint has been foisted against her by respondent No.2/de-facto complainant and further contended that the petitioner never interfered with the family affairs of respondent No.2 and accused No.1 at any point of time. Therefore, prayed to quash the proceedings against her. 2
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided after conducting trial by the Court below.
5. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioner can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.
6. Taking into consideration the fact that only general and omnibus allegations are leveled against her, her appearance/attendance before the learned XII Additional Chief Metropolitan Magistrate, Rajendranagar, in C.C.No.173 of 2018 is dispensed with, unless her presence is required by the trial Court for a specific purpose or at the time of recording her examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. 3
7. Further, the petitioner/accused No.2 is at liberty to file an application before the trial Court seeking her discharge. On such application being filed, the trial Court shall dispose of the same on merits within three weeks from the date of filing of the said petition, without being influenced by any of the observations made by this Court.
8. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 08.09.2023 dgr 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8656 OF 2023 Date: 08.09.2023 dgr