Smt Manju v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11964 OF 2022 Between:
1. Smt Manju, Wo Sushil Jain, aged 60 years, Occ: house wife
2. Sushil Jain, S/o Not known aged about 65 years Occ: business-A3 Both Ryo Plot No. 76, Flat No_ F-2, Astha Apartments, Shiv colony, New Sangener Rao, Soadal, Jaipur, Rajasthan.
...PETITIONERS/ACCUSEO No.2 & 3 AND The State of Telangana, through Women Police Station C.C.S D.D, Hyderabad Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad.
...RESPONDENT Smt. Priyanka Nahta, wio Mayank Jain, H. No. 1-2-300, flat no.4O5 , pragathi apartments, street No 7 , opp .JB apartments, Gagan Mahal, Domalguda, Himayath Nagar. Hyderabad 500029.
...RESPONDENT/DEFACTO COMPLAI NANT 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 against the petitioners/Accused No.2 to 3 in C.C.No. 4698 of 2022 on the file of the Xlll Additional Chief Metropolitan Magistrate at Hyderabad.
l.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further Proceedings against the Petitioners / Accused No. 2 and 3, including appearance of the Petitioners / Accused No. 2 and 3 in C.C.No. 4698 of 2022 on the file of the Xlll Additional Chief Metropolitan Magistrate at Hyderabad.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DURGA PRASAD SADAM, Advocate for the Petitioners and of the Additional Public Prosecutor (TG) on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following: ORDER
Crl.Petition No.11964 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIoN No.119 F 202 o
ORDER
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionersAccused Nos.2 and 3 to quash the proceedings against them in C.C.No.469B of 2022 pending on the file of XIII Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against them are under Sections 498-4, 406 and 506 of Indian Penal Code (for short "IPC') and Sections 3 of Dowry Prohibition Act (for short "DP Act').
2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3.
On perusal of the record, the disputes arose out of marital discord in between the de facto complainant and the Accused No.1. 4.
Though the petitioners have raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the
Crl.Petition No.11964 of 2022 petitioners requested this Court to dispense with the appearance of the petitioners, in the aforesaid case before the trial Court 5.
Keeping in view that the petitioners-Accused Nos.2 and 3 are aged persons, this Criminal Petition is disposed off with the following directions:
i) The attendance of the petitioners - Accused Nos.2 and 3 is dispensed with in C.C.No.4698 of 2022 pending on the file of XIII Additional Chief Metropolitan Magistrate at Hyderabad, when represented by their counsel on record.
ii) 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 shall not dispute their identity also iii) 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 shall stand cancelled.
Crl.Petit-ron No.1196a of 2022 6.
Needless to say, the petitioners are at liberty to file an application seeking discharge before the concerned Court. In the event of such application being made, the concerned Court shall dispose it off on merits, within a period of four weeks from the date of filing.
Miscellaneous applications pending, if any, shall stand closed. Sd/- B. SATYAVATHI DEPUTY REGISTRAR SECTION OFFICER I To, //TRUE COPY//
1. The Xlll Additionat Chief Metropotitan Magistrate at Nampally, Hyderabad.
2. The Station House Officer, WPS DD, Hyderabad.
3. One CC to Sri DURGA PRASAD SADAM, Advocate [OpUC]
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)
5. Two CD Copies.
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HIGH COURT KS,.l DATED:0210112023 rt (.
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ORDER
F., \.:o, ?x li,'ll ?$8 CRLP.No.11964 of 2022 TFlti Ct{IMINAL PETITION SHALL STAND CLOSE:t) @ 0n 11h1t1