HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9858 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-respondent No.1 to quash the proceedings against them 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.
02. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. 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 not maintainable, as Section 29 of the Protection of Women from Domestic Violence Act, 2005 affords an efficacious 1 2015 (2) ALD (CRL.) 764 2 remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C.
04. In view of the above, the petitioners are at liberty to avail the said remedy.
05. However, in view of the request made by the learned counsel for the petitioner-respondent No.1, the appearance/attendance of the petitioner-respondent No.1 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, is dispensed with, unless his presence is required by the trial Court for a specific purpose and he shall be represented by his counsel.
06. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 09-OCT-2023 KHRM