ORDER:

Heard Mr.N. Ravi Prasad, the learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

2. This criminal petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashment of proceedings in C.C.No.1929 of 2021 on the file of the II Metropolitan Magistrate, Cyberabad at LB Nagar.

3. The petitioners are the accused Nos.1 and 2 facing charges for the offences under Sections 498 and 380 of Indian Penal Code (for short, ‘IPC’).

4. The prosecution case in brief is that the petitioner No.2/accused No.2 was married to the de facto complainant, later she developed intimacy with the petitioner No.1/accused No.1 and left home along with him on 04.07.2020. Later on 09.07.2020 in the absence of the de facto complainant visited the home and had taken away jewellery, cash and valuable documents. Upon the police report the presence of the petitioner No.2./accused No.2 has been secured by the police on 11.07.2020. However stating that she is major and the articles which are said to have been taken away from the house of the de facto complainant were handed over to her parents. However at a later date she again left home of her parents to the petitioner No.1/accused No.1 along with the gold articles and the documents. Thus the petitioners committed the offences under Section 498 and 380 of IPC.

5. Learned counsel for the petitioners would submit that the averments of the police report and the materials collected by the police in the investigation are not making out any case under Sections 498 and 380 of IPC. Even otherwise admittedly the petitioner No.2 has handed over the valuables to her parents and the petitioners 1 and 2 are living together. Thus the proceedings against the petitioners for the offences charged are improper and abuse of process of law. Thus prayed for intervention and to quash the proceedings.

6. At this stage, learned counsel for the petitioners submits that the Court may consider to dispense with the presence of the petitioners in the calender case proceedings as the petitioners are also ready to face charges.

7. Having regard to the submissions, without going into merits, the personal presence of the petitioners in the proceedings before the trial Court in C.C.No.1929 of 2021 on the file of the II Metropolitan Magistrate, Cyberabad at LB Nagar, is dispensed with subject to the petitioners’ appearance through their counsel on all the dates of adjournment and their personal appearance as and when directed by the trial Court. It is made clear that any deviation would render this order ineffective.

8. With the above direction, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 18.03.2025 ccm