HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9792 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/respondents No.2 to quash the proceedings against her in D.V.C. No.14 of 2023 pending on the file of the learned IV Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Kukatpally.
2. Heard learned counsel for the petitioner/ respondent No.2 and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1- State. Perused the record.
3. In the light of the judgment in Gaddameedi Nagamani v. State of Telangana 1, a petition to quash the proceedings in Domestic Violence Case is 1 2015 (2) ALD (CRL.) 764 2 not maintainable, as Section 29 of the Protection of Women from Domestic Violence Act, 2005 affords an efficacious remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C.
4. In view of the above, the petitioner/respondent No.2 is at liberty to avail the said remedy.
5. However, in view of the fact that only general allegations are leveled against petitioner/respondent No.2, her appearance in D.V.C.No.14 of 2023 pending on the file of learned IV Additional Junior Civil Judge- cum-XV Additional Metropolitan Magistrate, Medchal- Malkajgiri District at Kukatpally, is dispensed with, except on the dates whenever her presence is required by the trial Court, and she shall be represented by her counsel.
6. Accordingly, the Criminal Petition is disposed of. 3
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 myk