Fakhruddin vs Shabana Begum
2023 Latest Caselaw 1107 Tel

                                                    Crl.Petition No.7368 of 2022
                                    1




       THE HONOURABLE SRI JUSTICE K.SURENDER

           CRIMINAL PETITION No.7368 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-

accused Nos.1 to 3 to quash the proceedings against them in

C.C.No.11005 of 2021 pending on the file of XIII Additional Chief

Metropolitan Magistrate, Nampally, Hyderabad, for the offences

under Sections 498-A and 506 of Indian Penal Code.

2. Heard learned counsel for the petitioners, learned counsel

appearing for respondent No.1 and learned Additional Public

Prosecutor for the respondent No.2 - State. Perused the record.

3. Learned counsel for the petitioners submits that the crime as

filed is time barred for the reason that it is filed after 3 ½ years after

the respondent No.1 left the home. The reason for leaving home

was due to abusing and for physical harassment by accused No.1. In

the said circumstances, it cannot be said that the spouses are Crl.Petition No.7368 of 2022

separated and the judgment of the Hon'ble Supreme Court in

Kamlesh Kalra vs Shilpika Kalra and others1 is not applicable.

4. The learned counsel appearing for respondent No.1 would

submit that non-bailable warrants are pending against the petitioner

Nos.2 and 3. The petitioners are at liberty to approach the trial Court

seeking recall of the warrants, if they are so adviced.

5. No grounds to quash the proceedings, accordingly, the

petition is dismissed.

Miscellaneous applications pending, if any, shall stand closed.

_____________ K.SURENDER, J Date: 09.03.2023

Smk

Common order in Criminal Appeal Nos.415 and 416 of 2020