Smt. Sreeramula Padmaja vs The State Of Telangana And Another
2022 Latest Caselaw 6064 Tel

                                                Crl.Petition No.10260 of 2022
                                  1




      THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL PETITION No.10260 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-

respondents 2 and 3 to quash the proceedings against them in DVC

No.81 of 2022 pending on the file of III Metropolitan Magistrate at

Hyderabad. The offences alleged against them are under Section

12 of Protection of Women from Domestic Violence Act, 2005 (for

short 'Act, 2005') read with Rule 6 (1) of the Act.

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 with respondent No.1 in DVC case was performed on

08.08.2022. Thereafter matrimonial disputes arose between them.

The 1st and 2nd petitioners herein are the in-laws of 2nd respondent

who are aged 57 and 60 years respectively.

Crl.Petition No.10260 of 2022

4. The allegations leveled against 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 DVC No.81 of

2022 pending on the file of III Metropolitan Magistrate at

Hyderabad 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

petitioners herein - Respondents 2 and 3 is dispensed with in DVC

No.81 of 2022 pending on the file of III Metropolitan Magistrate at

Hyderabad, when represented by their counsel on record. 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 also they shall not dispute their identity.

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 would stand cancelled.

Crl.Petition No.10260 of 2022

6. Accordingly, the Criminal Petition is disposed off. 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 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.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 22.11.2022 ns

(2012) 5 SCC 424