ORDER :

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioner-Respondent No.2 to quash the proceedings against her in DVC No.28 of 2022 on the file of Prl.Judicial Magistrate of First Class at Husnabad. The offence alleged against them is under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short ‘Act, 2005’).

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent – State. Perused the record.

3. Though the petitioner has raised several grounds to quash the proceedings in the aforesaid DVC, learned counsel for the petitioner requested this Court to dispense with the appearance of the petitioner, in the aforesaid DVC case before the trial Court.

4. Keeping in view that the petitioner is aged about 56 years, this Criminal Petition is disposed off with the following directions:

i) The attendance of the petitioner – Respondent No.2 is dispensed with in DVC No.28 of 2022 on the file of Prl.Judicial Magistrate of First Class at Husnabad, when represented by her counsel on record.

ii) The attendance of the petitioner is dispensed subject to filing an affidavit by the petitioner stating that in her absence the proceedings conducted by her counsel will not be disputed by her in any manner and shall not dispute her identity also.

iii) However, the petitioner shall appear before the learned Magistrate as and when her presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing her attendance shall stand cancelled.

5. Needless to say, the petitioner is 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 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 another, (2012) 5 SCC 424, within a period of four weeks from the date of filing.

Miscellaneous applications pending, if any, shall stand closed.