Reballi Gundamma vs The State Of Telangana
2022 Latest Caselaw 6309 Tel

                                                   Crl.Petition No.10687 of 2022
                                     1




        THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.10687 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 to 6 to quash the proceedings against them in

D.V.C.No.21 of 2021 pending on the file of I Additional Junior Civil

Judge cum I Additional Judicial Magistrate of First Class,

Sangareddy.

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 was performed with petitioner No.2 on 11.08.2017.

Thereafter matrimonial disputes arose between them.

4. The allegations leveled against the petitioners herein are

general in nature and they 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 D.V.C.No.21 of Crl.Petition No.10687 of 2022

2021 pending on the file of I Additional Junior Civil Judge cum I

Additional Judicial Magistrate of First Class, Sangareddy against the

petitioners herein. However, in matrimonial disputes the

identification of parties is not in dispute.

5. In view of the above reasons, the attendance of the petitioner

Nos.2 to 6 herein - Respondent Nos.2 to 6 is dispensed with in

D.V.C.No.21 of 2021 pending on the file of I Additional Junior Civil

Judge cum I Additional Judicial Magistrate of First Class,

Sangareddy, when represented by their counsel on record. The

attendance of the petitioner Nos.2 to 6 is dispensed subject to filing

affidavits by them 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

petitioner Nos.2 to 6 shall appear before the learned Magistrate as

and when their presence is required. In the event of the petitioner

Nos.2 to 6 failure to appear when the Court directs, this order

dispensing their attendance would stand cancelled.

6. Accordingly, the Criminal Petition is disposed of. Needless to

say, in the event of the petitioners filing an application under Section

239 of Cr.P.C. seeking discharge, the concerned Court shall dispose Crl.Petition No.10687 of 2022

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.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 01.12.2022 rev

(2012) 5 SCC 424