Crl.Petition No.11963 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11963 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-
Respondent Nos.2 to 5 to quash the proceedings against them in DVC
No.136 of 2022 pending on the file of III Metropolitan Magistrate at
Hyderabad. The offence alleged against them is 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. Though the petitioners have raised several grounds to quash
the proceedings in the aforesaid DVC, learned counsel for the
petitioners requested this Court to dispense with the appearance of
the petitioners, in the aforesaid DVC case before the trial Court.
4. In view of the aforesaid submission, this Criminal Petition is
disposed off with the following directions:
Crl.Petition No.11963 of 2022 2
i) The attendance of the petitioners - Respondents 2 to 5 is
dispensed with in DVC No.136 of 2022 pending on the file of III
Metropolitan Magistrate at Hyderabad, when represented by their
counsel on record.
ii) 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.
iii) 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.
5. Needless to say, the petitioners are at liberty to file an
application seeking discharge before the concerned Court. In the
event of such application being made, 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 Crl.Petition No.11963 of 2022 3
vs. State (NCT of Delhi) and another1, within a period of four
weeks from the date of filing.
Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 02.01.2023 ns
1 (2012) 5 SCC 424
