Sri. Karukutla Anveshan Kumar ... vs The State Of Telangana,
2023 Latest Caselaw 178 Tel

      THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.256 OF 2023

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 Nos.1 to 9 to quash the proceedings

against them in DVC No.296 of 2022 pending on the file of

III Metropolitan Magistrate Court at Hyderabad.

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 the respondent No.1 in the aforesaid

DVC was performed on 30.04.2017 and thereafter

matrimonial disputes arose between them.

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 the aforesaid D.V.C. against the petitioners

herein. However, in matrimonial disputes the identification

of parties is not in dispute.

5. In view of the aforesaid reasons, the attendance of the

petitioners herein - Respondents 1 to 9 is dispensed with in

DVC No.296 of 2022 pending on the file of III Metropolitan

Magistrate Court 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 shall not dispute their identity also. 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.

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: 10.01.2023 tk

(2012) 5 SCC 424

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.256 OF 2023

Dt. 10.01.2023

tk