AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.33 of 2021 pending on the file of the XXII
Metropolitan Magistrate at Medchal.
The petitioners herein are A.1 to A.3 in the above calendar case. The offences alleged against the petitioners are under Sections 498-A, 354 of
I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.
Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the record.
Learned counsel for the petitioners would submit that there are no allegations, much less specific allegations against petitioner Nos.2 and 3/A.2 and
A.3. There are omnibus allegations against them. Petitioner No.1/A.1 is the husband of respondent No.2. Petitioner No.2 is the father and petitioner
No.3 is the mother of petitioner No.1.
A perusal of the charge sheet, prima facie, would reveal that there are allegations against petitioner No.1/A.1. There are several triable issues.
Though learned counsel for the petitioners raised several grounds and contentions in the quash petition, has restricted his prayer to dispense with the
presence of the petitioners herein.
Considering the fact that there are matrimonial disputes between petitioner No.1/A.1 and respondent No.2, the Criminal Petition is disposed of
dispensing the presence of petitioner Nos.2 and 3 herein i.e., accused Nos.2 and 3 in C.C.No.33 of 2021 pending on the file of the XXII Metropolitan
Magistrate at Medchal. However, it is made clear that petitioner No.2 and 3/A.2 and 3 shall appear before the said Court as and when their presence
is required. Liberty is also given to petitioner Nos.2 and 3/A.2 and A.3 to file discharge application. It is also made clear that petitioner No.1/A.1 shall
appear in the said calendar case pending before the said Court.
Miscellaneous petitions, pending if any, shall stand closed.