Telangana High Court
Peddapalli Ramulu And 3 Others vs The State Of Telangana on 22 November, 2022
Crl.Petition No.10375 of 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10375 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 seeking to quash the proceedings against them in DVC No.77 of 2022 pending on the file of learned Special Mobile Court cum Judicial Magistrate of First Class(PCR) at Karimnagar. 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 was performed with respondent No.1 in DVC case. Thereafter matrimonial disputes arose between them. The petitioner Nos.1 to 3 herein are the in-laws and petitioner No.4 is Crl.Petition No.10375 of 2022 2 co-sister of 2nd respondent who are aged 60, 60, 42 and 35 years respectively.
4. The allegations leveled against the petitioners herein are general in nature and they 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 DVC No.77 of 2022 pending on the file of learned Special Mobile Court cum Judicial Magistrate of First Class (PCR) at Karimnagar against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute.
5. In view of the above reasons, the attendance of the petitioners herein - Respondent Nos. 2 to 5 is dispensed with in DVC No.77 of 2022 pending on the file of learned Special Mobile Court cum Judicial Magistrate of 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 Crl.Petition No.10375 of 2022 3 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.
6. Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners filing an application under Section 239 of 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: 22.11.2022 rev 1 (2012) 5 SCC 424