HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8728 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 petitioners/respondents Nos.1 to 3 to quash the proceedings against them in D.V.C.No.42 of 2022 pending on the file of the learned VI Additional Judicial First Class Magistrate (Protection of Women from Domestic Violence Act, 2005) at Mahabubnagar.
02. Heard learned counsel for the petitioners 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 petitioners/respondents Nos.1 to 3, the appearance/attendance of the petitioners/respondents Nos.2 and 3 in D.V.C.No.42 of 2022 pending on the file of the learned VI Additional Judicial First Class Magistrate (Protection of Women from Domestic Violence Act, 2005) at Mahabubnagar, is dispensed with, unless their presence is required by the trial Court for a specific purpose and they shall be represented by their counsel.
06. As specific allegations are leveled against petitioner No.1/respondent No.1, no such relief is given to him.
07. Accordingly, this Criminal Petition is disposed of.
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Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 11-SEP-2023 KHRM 4 138 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8728 OF 2023 Date: 11-SEP-2023 KHRM