Mohd. Ghouse Pasha vs Smt. Samiya Begum
2022 Latest Caselaw 6305 Tel

                                                  Crl.Petition No.10650 of 2022
                                   1




          THE HONOURABLE SRI JUSTICE K.SURENDER

            CRIMINAL PETITION No.10650 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-

Respondent Nos.1, 2, 4 to 7 to quash the proceedings against them

in DVC No.02 of 2020 pending on the file of Additional Judicial

Magistrate of First Class at Shadnagar. 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. 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:

Crl.Petition No.10650 of 2022

i) The attendance of the petitioners - Respondents 2, 4 to 7 is

dispensed with in DVC No.02 of 2020 pending on the file of Additional

Judicial Magistrate of First Class at Shadnagar, when represented by

their counsel on record.

ii) 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 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.

iv) No such relief is granted as far as 1st petitioner - Respondent

No.1 is concerned.

5. Needless to say, in the event of the petitioners filing an

application under Section 239 of Cr.P.C. seeking discharge, the Crl.Petition No.10650 of 2022

concerned Court shall dispose it off on merits, in accordance with

Bhushan Kumar's1 judgment.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 01.12.2022 ns

(2012) 5 SCC 424