Mr. Sadiq Sharif v. The State Of Telangana
[ 320e ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMIN AL PETITION NO: 8076 OF 2022 Between:
1. Mr. Sadiq Sharif, S/o. K Noorulla Sharif, Aged about 37 Years' Occ. Private Employed, F:/o. 20-1, '1't Street Cross, Sri Ram Mandir Road, Basavanagudi, Bangalore - 560004
2. Mr. k. Noorulla Sharif, S/o. Khader Shariff, Aged about 78 Years, Occ. Retired Engineer, R/o. 2O-1 , 1't Street Cross, Sri Ram Mandir Road, Basavanagudi, Bangalore - 560004
3. Dr Salma-Tai, W/o. K Noorulla Sharif, Aged about 73 Years, Occ. Retired Doctor, Fyo. '2O-1, 1't Street Cross, Sri Ram Mandir Road, Basavanagudi, Bangalore - 560004
4. SmtI Lubna Sharif, W/o. Qazi lrfan, aged about 41 Years, Occ . Private Service, Fl/o. No. A4 703, Elita Prominade, Beereshwara Nagar, JP Nagar 7'' phase' Bangalore - 78'
...pETrroNER/ RES'.NDENT Nos.1 To 4 AND
1. The State of Telangana, Through Public Prosecutor High Court at Hyderabad. - ....Respondent No.1/ Complainant
2. Smt. Uzma Siddiqui, Wo. Sadiq Sharif, Aged about 34 Years, Occ . Private Employee, Ryo. 8-1-40/A/9T, Samtha Colony, Tolichowki, Hyderabad - 500008 ...RES'.NDENT No.2/DEFAcro coMpLAtNANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in DVC Case bearing no. 31 1 of 2021 on the file of Honble lV Metropolitan Magistrate, Hyderabad against the Petitioners / Respondents l.A. NO: 1 OF 2 22 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearing of the Petitioners / Respondents in DVC Case bearing no. 31 1 of 2021 on the file of Hon'ble lV
Metropolitan Magistrate, Hyderabad against the Petitioners / Respondents pending disposal of the present Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NIKUNJ DUGAR, Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following: ORDER
HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.8O76 of 2022 ORDER:
1 .
This Criminal Petition is filed seeking the Court to quash the proceedings that are pending against the petitioners who are arrayed as Respondent Nos.1 to 4 in D.V.C.No.31I of 2O2t that is pending before the Court of IV Metropolitan Magistrate, Hyderabad.
2.
Heard the submission of the learned counsel for petitioners as well as the learned Assistant Public Prosecutor who is representing Respondent No.l. In the light of the limited relief sought for, issuance of notice to Respondent No.2 is felt not necessary.
3.
Learned counsel for the petitioners submits that the petitioners have not committed any acts that are directed against the 2.d respondent and though the 2'd respondent came for an amicable settlement and received huge sum of money from the petitioners, yet, she foisted a false case against the petitioners. Learned counsel a,lso states that the petitioners reside at far-away places and thus, no further orders in this Criminal Petition are required except
I r DT,CSLJ Crl.P.No.8076 of 2022 to dispense with the personal appearance of the petitioners i.e., Respondents Nos.1 to 4 before the trial Court on each a;r rl every adjournment.
4.
Learned Assistant public prosecutor did not raise anv serious objection for grant of such a relief. 5.
This Court has clearly indicated in its order in Criminal Petition No.584O of 2022, dated OZ.T.2O22 that the proceedings that are undertaken under the protection of lVomen from the Domestic Violence Act by the Courts of Jud.icial Magistrate of First Class for granting various kinds of reliefs as enshrined under Sections 1g to 22 of the Prol-ection of Women from the Domestic Violence Act are more civil in nature and therefore, the personal appearance of the respondents therein for each and every adjournment, in r:ase they are represented by their counsel, is not required. Exhibiting the same view, this Criminal petition is disposed of with the following directions:- (l )The IV Metropolitan Magistrate, Hyderabad, is directed not to insist upon personal appearance of Petitioner Nos.1 to 4/Respondent Nos. I to 4 during the course of proceedings in D.V.C.No.31 1 \ v) /
DT.CSLJ Crl.P.No.8076 of 2022 of 2O2l that is pending on the file of the said Court, in case they are represented by an Advocate.
(2) However, the above direction does not debar the Court from ordering the personal appearance of the respondents therein, who are petitioners herein, in case their appearance is felt necessary. Also, this exemption does not apply if the proceedings are commenced under Section 31 of the Protection of Women from the Domestic Violence Act.
As a sequel, pending miscellaleous applications, if any, shall stald closed Sd/-T.KRISHNA KUIMAR DEPUTY REGISTRAR //TRUE COPY// @ SECTION OFFICER To \ '1. The lV Metropolitan Magistrate (Traffic Mobile Court), Hyderabad.
2. One CC to Sri Nikunj Dugar, Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
4. Two CD Copies Kj.
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HIGH COURT DATED:08/09/2022 (riE s fri r -) 21 JUN 2[8 vz,l ,L
ORDER
CRLP.No.8076 of 2022 * i)+ * I I I I II I i i I THE CRL.P. IS CLOSED.
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