HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8806 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.4 to quash the proceedings against her in D.V.C.No.4 of 2023 pending on the file of X Additional Metropolitan Magistrate - cum - III Additional Junior Civil Judge at Medchal.
2. Heard learned counsel for the petitioner 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 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 is at liberty to avail the said remedy.
1 2015 (2) ALD (CRL.) 764 GAC,J Crl.P.No.8806_2023 2
5. However, taking into consideration that the petitioner - respondent No.4 is sister of respondent No.1 in DVC, the appearance of the petitioner - respondent No.4 in D.V.C.No.4 of 2023 pending on the file of X Additional Metropolitan Magistrate - cum - III Additional Junior Civil Judge at Medchal 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. With the above observations, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY Date:12.09.2023 ns