Smt.M.Rupa Sundari And 3 Others vs Smt.Lalitha Agasthyaraju And 2 ...
2023 Latest Caselaw 305 Tel

           THE HONOURABLE SRI JUSTICE K.SURENDER
              CRIMINAL PETITION No.6706 OF 2022

ORDER:

1. 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.2 to 5 to quash the proceedings against them in DVC

No.28 of 2022 pending on the file of III Metropolitan Magistrate at

Manoranjan Complex, Nampally, 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 was performed on 14.08.2016

and thereafter matrimonial disputes arose between them.

4. The allegations leveled against petitioners herein 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.28 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 to 5 is dispensed with in DVC No.28 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.

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: 23.01.2023 kvs

(2012) 5 SCC 424

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.6706 OF 2022

Date: 24.01.2023

kvs