HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9241 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 No.2 to 5 to quash the proceedings against them in D.V.C.No.4 of 2023 pending on the file of Additional Judicial First Class Magistrate at Mulugu, Jayashankar Bhupalpally District.
2. Heard learned counsel for the petitioners, Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1
- State and 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 petitioners are at liberty to avail the said remedy.
1 2015 (2) ALD (CRL.) 764 GAC,J Crl.P.No.9241_2023 2
5. However, taking into consideration that the petitioners - respondents Nos.2 to 5 are the family members of respondent No.1 in DVC, the appearance of the petitioners - respondents No.2 to 5 in D.V.C.No.4 of 2023 pending on the file of Additional Judicial First Class Magistrate at Mulugu, Jayashankar Bhupalpally 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. With the above observations, this Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY Date: 22.09.2023 ns