Syed Masiullah, Hyd 2 Others vs State Of A.P., Through P.P., Hyd ...
2021 Latest Caselaw 4396 Tel

                    THE HONOURABLE DR. JUSTICE G.RADHA RANI

                                Criminal Petition No.14148 of 2013

ORDER:

This criminal petition is filed by the petitioners/accused under Section

482 of Cr.P.C. to quash the proceedings in DVC. No.164 of 2013 on the file of

the III Metropolitan Magistrate, Hyderabad at Erramanzil.

2. During the course of hearing, the petition was withdrawn against the

petitioner No.1 seeking permission of the Court. Permission was accorded and

accordingly the petition was dismissed as withdrawn against the petitioner

No.1 vide order dated 29.11.2013.

3. It was reported that the petitioner No.3 died due to Covid and as such,

the petition was proceeded only against the petitioner No.2.

4. The respondent No.2 lodged the complaint before the Protection Officer

under the Domestic Violence Act, 2005 seeking several prayers.

The allegations and prayers were mainly against the petitioner No.1. No

specific or general allegations were made against the petitioner No.2.

5. The learned counsel for the petitioner relied upon the judgment of the

Hon'ble High Court of Madras in a case between C. SENTHIL GANESH AND

OTHERS Vs. MANJULA1 wherein when there were no specific allegations made

against the second and third petitioners in a petition under the Domestic

Violence Act, the case against the petitioners was quashed.

6. In the present case also as there were no specific allegations made

against the petitioner No.2 and considering her age as 74 years by the date of

filing of the petition in the year 2013 itself and the petitioner might have

crossed more than 80 years by this date, it is considered fit to quash the

proceedings against her.

2018 SCC Online Mad 11716

7. In the result, this criminal petition is allowed against the petitioner No.2

quashing the proceedings in DVC. No.164 of 2013 on the file of the III

Metropolitan Magistrate, Hyderabad at Erramanzil.

Miscellaneous applications, if any pending, shall stand closed.

______________________________ DR. JUSTICE G.RADHA RANI Date: 16.12.2021 LSK