Mr. Eshan Kumar Agarwal vs The State Of Telangana
2023 Latest Caselaw 364 Tel

                                                  Crl.Petition No.806 of 2023
                                  1




      THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.806 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 -

Accused Nos.1, 3 and 4 to quash the proceedings against them in

C.C.No.10077 of 2021 (arising out of Crime No.41 of 2021) on the

file of XV Additional Chief Metropolitan Magistrate at Hyderabad.

The offences alleged against the petitioners are under Sections

498-A, 420, 406 and 506 of Indian Penal Code and Sections 4 and 6

of Dowry Prohibition Act.

2. Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the respondent No.1 - State.

Perused the record.

3. Learned counsel for the petitioners submits that the 1st

petitioner-husband filed an application for restitution of conjugal

rights before the Judge, Family Court, City Civil Court, Hyderabad

vide O.P.No.1167 of 2020. However, the present charge sheet was

filed by the police without considering all the previous disputes Crl.Petition No.806 of 2023

amongst the spouses. He relied upon the judgment of Hon'ble

Supreme Court in case of Swapnil and ors vs. State of Madhya

Pradesh1 and argued that under similar circumstances, the Hon'ble

Supreme Court was pleased to quash the proceedings.

4. The facts in Swapnil case supra have no relevant to the

present facts of the case. In the present case, there were several

allegations made including cheating, suppression of health condition

of Accused No.1. Whether such demands were made subsequently

and whether the petitioners were responsible in harassing the 2nd

respondent and deliberately a false complaint is filed can only be

determined after trial. Therefore, there are no grounds to consider

the case of the petitioners - Accused Nos.1, 3 and 4.

5. However, learned counsel for the petitioners requested this

Court to dispense with appearance of the petitioners.

6. In view of the facts and circumstances of the case, this

Criminal Petition is disposed off with the following directions:

i) The appearance of the 2nd and 3rd petitioners - Accused Nos.3

and 4 is dispensed with in C.C.No.10077 of 2021 (arising out of

(2014) 13 SCC 567 Crl.Petition No.806 of 2023

Crime No.41 of 2021) on the file of XV Additional Chief Metropolitan

Magistrate at Hyderabad, when represented by their counsel on

record.

ii) The appearance of the 2nd and 3rd petitioners is dispensed

subject to filing an affidavit 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.

iii) However, the 2nd and 3rd petitioners shall appear before the

learned Magistrate as and when their presence is required. In the

event of the petitioner failure to appear when the Court directs, this

order dispensing their appearance shall stand cancelled.

iv) No such relief is granted as far as 1st petitioner - Accused

No.1 is concerned and he shall appear before the trial Court on

every date of hearing without fail.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 27.01.2023 ns