Telangana High Court
Kothapally Saidaiah vs The State Of Telangana on 21 January, 2025
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.51 of 2025
ORDER:
This Criminal Petition is filed by the petitioners/respondent Nos.1 to 5 to quash the proceedings against them in D.V.C.No.7 of 2024 pending on the file of the learned Judicial Magistrate of First Class at Nidamanoor, Nalgonda District.
2. Heard Sri K.Venumadhav, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent - 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. 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, the appearance of the petitioners/respondent Nos.1 to 5 in D.V.C.No.7 of 2024 pending on the file of the learned Judicial Magistrate of First Class at Nidamanoor, Nalgonda 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 on every date of hearing and in case of default, this order gets vacated automatically.
6. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUVVADI SRIDEVI, J Date: 21.01.2025 rev