Telangana High Court
Lingampally Rajamma vs The State Of Telangana on 5 January, 2023
Bench: K.Surender
Crl.Petition No.97 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.97 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 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 one Lingampally Laxman was performed on 10.05.2018
and thereafter matrimonial disputes arose between them. The 1st and
2nd petitioners are aged mother and father of the 1st respondent in
D.V.C.No.120 of 2022 who are aged 78 and 73 years respectively.
4. The allegations leveled against petitioners 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
Crl.Petition No.97 of 2023
D.V.C.No.120 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 2 to 7 is dispensed with in D.V.C.No. 120 of 2022
pending on the file of Hon'ble Judicial Magistrate First Class(PCR) at
Karimnagar, 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.
7. Accordingly, the Criminal Petition is disposed off. Needless to say,
in the event of the petitioners filing an application under Section 239 of
Crl.Petition No.97 of 2023
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: 05.01.2023
hk
(2012) 5 SCC 424
