A quash judgment here from High Court of A.P. wherein the request was to quash a false 498A IPC case with a argument that, “the allegations do not constitute the offences alleged against the petitioners-A.1 to A.4 and that respondent No.2-defacto complainant deserted her husband (petitioner-A.1) long back and that continuation of the impugned proceedings against the petitioners-A.1 to A.4 is nothing but abuse of process of Court.”
Instead of quashing the case, the judge ordered to go for Discharge at lower court itself.
And the judge gave this order in Para 7 and 8,
As far as allegations against the petitioners-A.1 to A.4, the court below has to decide truth or otherwise of the allegations. The petitioners-A.1 to A.4 are at liberty to file an application for discharge in accordance with law, and on filing of such application, the Court below has to consider it on merits in accordance with law.
It is submitted by the learned counsel for the petitioners-A.1 to A.4 that petitioner-A.4 is aged 88 years and is suffering from health problems and not in a position to move. Taking into consideration of age and health condition of the petitioner-A.4, her presence is dispensed with in the proceedings before the Court below subject to her complying with Section 205 Cr.P.C.. As and when her presence is specifically required, the Court below may order her presence. As far as other petitioners-A.1 to A.3 are concerned, in case of any difficulty in attending the Court, they are at liberty to invoke the relevant provisions of law.
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