HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9914 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/respondents Nos.2 to 5 to quash the proceedings against them in D.V.C. No.01 of 2021 pending on the file of Additional Judicial Magistrate of First Class, Kodad, Suryapet District.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1- State. Perused the record.
3. In the light of the judgment in the case of 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 remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C. 1 2015 (2) ALD (CRL.) 764 2
4. In view of the above, the petitioners are at liberty to avail the said remedy.
5. However, in view of the request made by the learned counsel for the petitioners/respondent Nos.2 to 5, the appearance of the petitioners/respondents No.2 to 5 in D.V.C.No.01 of 2021 pending on the file of Additional Judicial Magistrate of First class, Kodad, Suryapet District, is dispensed with, except on the dates whenever their presence is required by the trial Court, and they shall be represented by their counsel.
6. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 10.10.2023 YVL 3 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.9914 OF 2023 Date:10.10.2023 YVL