Nallagatla Upendra vs The State Of Telangana
2022 Latest Caselaw 6066 Tel

                                                   Crl.Petition No.10239 of 2022
                                     1



        THE HONOURABLE SRI JUSTICE K.SURENDER

            CRIMINAL PETITION No.10239 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-Accused

Nos.1 to 3 to quash the proceedings against them in DVC No.253 of

2022 pending on the file of IV Metropolitan Magistrate at Manoranjan

Complex, Nampally, Hyderabad. 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. A perusal of record would reveal that, the marriage of 2nd

respondent with 1st petitioner herein was performed on 13.02.2020 and

thereafter matrimonial disputes arose between them. The 2nd and 3rd

petitioners are aged mother and father of the 1st petitioner who are

aged 50 and 60 years respectively.

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 Crl.Petition No.10239 of 2022

inclined to quash the proceedings in D.V.C.No.253 of 2022 against the

petitioners herein. However, in matrimonial disputes the identification of

parties is not in dispute.

5. The main grievance of petitioners is that they are residents of

Prakasam District and it would be difficult for them to attend the Court

on every date of hearing, accordingly their presence before the Court

below in the above DVC has to be dispensed with.

6. In view of the above discussion, the attendance of the petitioners

herein - Respondents 1 to 3 is dispensed with in D.V.C.No.253 of 2022

pending on the file of IV Metropolitan Magistrate at Manoranjan

Complex, Nampally, 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.10239 of 2022

7. 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