ORDER v THE HON'BLE SRI JUSTICE E v. VENUGOPAL CRIMINAL PETITION No

Petition under section 492 ot ct.p.c praying that in the circumstances stated in the Memorandum of Grounds of Criminal Fetition, th" Hth C;;;;.y be pleased to quash proceedings in DVC No.1zr2o2o on the fire oiill eoJiiion"r Junior civil Judge-cum-XXilr Metroporitan Magistrate at Medchar, Athiveili, pending against the Petitioners/Accused. l.A. NO: 2 OF 2021 Petition under section 492 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of Criminil Fetition, til Hi;h C;;;';ry be pleased to stay all further proceedings in DVC No.1712020 on the file of lll Additional Junior civir Judge-cum-XXili- Metroporitan Magistrate at Medchar, Athivelli, pending against the petitioners/ Respondents, inctioing oisp"n"ing ;itn their personar attendance before the couri, pending disposir oi tt. ioor" criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the argunrenrs of Sri tvr.V. Ra1 Kumar Gabriel, Advocate for the petitioners and the srr E. Ganesh, pubric Prosecutor on beharf of the Respondent No.'r, and none appeared for the Respondent No.2. The Court made the following: ORDER v THE HON'BLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.3933 oF 2021 ORDER: The present Criminal petition is filed under Section 4g2 of Code of Criminal Procedure, 1973 (for short, ,Cr.p.C.,) by the petitioners/ respondents seeking to quash the proceedings against them in DVC.No. lZ of 2O2O on the file of the III Additional Junior Civil Judge-cum-XXIII Metropolitan Magistrate at Medchal, Athivelli.

2. Heard Sri M. V. Rajkumar Gabriel, learned counsel for the petitioners as well as Sri E.Ganesh and learned Assistant Public Prosecutor appearing for respondent No.l_State. Perused the record.

3. Brief facts of the case are that a complaint is filed by the petitioners in DVC.No. 17 of 2O2O on the Iile of the III Additional Junior Civil Judge-cum-XXIII Metropolitan Magistrate at Medchal, Athivelli, where the petitioners have been arrayed as respondent Nos.2 and 3 and the complaint was taken cognizance by the said Court under the relevant prcrvi3lons of protection of women from domestic violence act, 2 .- \,---.1 2OO5 (43 of 2OO5). When the matter is taken up for consideration, the learned counsel for the pt:titioners wouid submit that petitioner No.1, who is the husband of petitioner No.2 died and hence seeks to quash the proceedings against him. So far as the case of petitioner No.2 is concerned, learned counsel for the petitioner further submits that petitioner No.2 is a senior citizen for undergoing the trial in DVC.No.17 of 2O2O on the file olthe III Additional Junior Civil Judge-cum-XXIII Metropolitan Magistrate at Medchal, Athivelli. He further submits that the son of t)etitioner No.2, who has been arrayed as respondent No. 1 in the DVC is the husband of respondent No.2 / defacto complainant and respondent No.2/ defacto complainant has iodged a complaint in the Police Station, Alwal against petitioncrs / respondent Nos.1 to 3 for harassing and mentally torturing her 4 . Upon receiving such complaint, the Police Alwal registered a case in Crime.No.176 of 2Ol9 for the alleged offences punishable under Sections 498-,,{ zrnd 506 of the Indian Penal Code (for short 'IPC') and Sections 3 and 4.of Dowry Prohibition Act.

5. Learned counsel for the petitioners further submits that the Police Alwal, after an investigation filed a charge sheet against the petitioners/ respondents for the offences punishable under Section 498-A of the IPC and Section 3 and 4 of DPA and the same was numbered as C.C.No.1394 of 2Ol9 on the file of the XXIII Metropolitan Magistrate at Medchal

6. Learned counsel for the petitioners further submits that the 2na petitioner's husband died and to that effect, he has filed a memo vide U.S.R.No.28759 of 2O2l dated 04.06.2021 by enclosing a copy of the Death Certificate of petitioner No. 1/respondent No.2, who was admitted into Sunshine Hospital on 01.05.2O2 1 vide registration No.72O47 and was died on 19.O5.2021 in that Hospital due to cardiac arrest.

7. Learned counsel for the petitioners further submits that petitioner No.2 has got no involvement and in the absence of any specific allegatidns against her, continuing with the proceedings would amount to an abuse of process of law. He further'submits that the son of petitioner No.2, who has been arrayed AS respondent No. 1 in DVC is the husband of 4 ' ^ "-'1 - respondent No.2 / de-facto complainant and after two months of their marriage left to Australia and is s ta,f ing in Australia and there was no occasion for the complainant to live along with her in laws and after she got conceived she u,as staying r,r,ith her parents.

8. Learned counsel for the petitioners further submits that he has filed memo of proof of service of notice to respondent No.2/defacto complainant vide U.S.R.No.658S8 of 2O2S and the same \\ as returned with an endorsement ,,Addressee could not be located" and hence, the service of notice is incomple te.

9. Upon perusal of a copy of Death Certificate of the petitioner No. 1/respondent No.2, issued by the Sunshine Hospital, this Court, without going into the merits and demerits of the case, deems it appropriate to close this crimirral petition as abated against petitiorrer No. 1/respondent No.2. However, in so far as petitioner No.2/respondent No.3 is concerned, she is at liberty to file discharge petition, in accordance with law, before the trial court ancl on such petition being filed, the trial Court shall 5 examine and dispose of the same as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of the copy of this order.

10. With the above observations, this criminal petition is disposed of. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/- MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER

1. The XXlll Metropolitan Magistrate at Medchal Court' Cyberabad, Medchal

2. The Station House Officer, Alwal Police Station, Cyberabad. 3- Two CCs to the Public Prosecutor, High Court for the State of Telangana at M.V.Raj Kumar Gabriel, Advocate [OPUC] To, \ District. Hyderabad [OUT] -Sri 4. Ohe CC to 5. Two CD Copies NVB/gh HIGH COURT DATED:2810712025 lflE S .\\ /t>\ i\ 2 B AlJ[i 2[25 1} -)o t) ,) ORDER CRLP.No.3933 oI2O21 DISPOSING THE CRIMINAL PETITION 2b vlr