Telangana High Court
Mekala Ramadevi Nirmala vs The State Of Telangana on 30 November, 2022
Crl.Petition No.9740 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.9740 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.2 to 6 to quash the proceedings against them in DVC.No.17 of 2022 pending on the file of the Court of Judicial Magistrate of First Class at Peddapalli.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. The facts of the case is that, the defacto complainant marriage with accused No.1 was held on 26.11.2017. After marriage, dispute arose between them. Thereafter, the petitioners started harassing defacto complainant for which, she filed D.V.C on the file of Judicial Magistrate of First Class at Peddapalli. There are certain allegations leveled against the petitioners which are triable issues. The petitioners have to face trial and prove their innocence. Therefore, this Court is not inclined to quash the proceedings in Crl.Petition No.9740 of 2022 2 DVC.No.17 of 2022 pending on the file of the Court of Judicial Magistrate of First Class at Peddapalli against the petitioners. In matrimonial disputes, identification of parties is not in dispute.
4. In the meantime, the attendance of the petitioners/accused Nos.2 to 6, is dispensed with in DVC.No.17 of 2022 pending on the file of the Court of Judicial Magistrate of First Class at Peddapalli. The attendance of the above said 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. However, the petitioners shall appear before the Court 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.
5. Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners filing discharge application before the concerned Court, the Court shall dispose it off on merits in accordance with the directions of the Supreme Court in Bhushan Kumar and another vs. State (NCT of Delhi) and Crl.Petition No.9740 of 2022 3 another1.Miscellaneous applications pending, if any, shall stand closed.
_____________ K.SURENDER, J Date: 30.11.2022 PKR 1 (2012) 5 SCC 424 Crl.Petition No.9740 of 2022 4 THE HONOURABLE SRI JUSTICE K.SURENDER 205 CRIMINAL PETITION No.9740 OF 2022 Date: 30.11.2022 PKR