Smt. P. Swaroopa vs The State Of Telangana
2022 Latest Caselaw 1916 Tel

       THE HONOURABLE SRI JUSTICE K. LAKSHMAN
               CRIMINAL PETITION No.3478 of 2022
ORDER:

The present Criminal Petition is filed under Section - 482 of the

Code of Criminal Procedure, 1973 (for short 'Code'') to quash the

proceedings in D.V.C. No.32 of 2022 on the file of III Metropolitan

Magistrate, Manoranjan Complex at Nampally. The petitioner herein is

respondent in the said DVC. The said DVC is filed by respondent No.2

herein under Section - 12 of the Protection of Women from Domestic

Violence Act, 2005 (for short 'Act, 2005') against the petitioners

seeking various reliefs.

2. Heard learned counsel for the petitioner and the learned Assistant

Public Prosecutor appearing on behalf of respondent No.1 - State.

Perused the record.

3. The learned counsel for the petitioners would submit that the

petitioner herein never harassed the 2nd respondent as alleged by her in

the complaint. The 2nd respondent falsely implicated the petitioner in the

present case. He would further submit that the petitioner herein is

mother of R.1. There are no allegations, much less specific allegations

against the petitioner herein. In view of the same, he sought to quash the

proceedings in the said DVC by dispensing with her presence before the

trial Court.

4. On the other hand, the learned Assistant Public Prosecutor

would submit that there are specific allegations made against the

petitioner by the 2nd respondent in the complaint filed under Section - 12

of the Act, 2005 and that the petitioner shall co-operate in concluding

the trial before the Court below. In view of the same, he sought to

dismiss the present petition.

5. As per the contents of the petition filed under Section - 12

of the Act, 2005, the marriage of R-1 with the 2nd respondent was

performed on 27.04.2018 and thereafter, she started harassing the 2nd

respondent.

6. In this regard, it is apt to refer to the decision rendered by a

learned Single Judge of High Court of Judicature for the States of

Telangana and Andhra Pradesh in Giduthuri Kesari Kumar v. State of

Telangana1, which is as under:

                  "14)        To sum up the findings:
                         i)       Since the remedies under D.V. Act are

civil remedies, the Magistrate in view of his powers

. 2015 (2) ALD (Crl.) 470 (AP)

under Section 28(2) of D.V Act shall issue notice to the parties for their first appearance and shall not insist for the attendance of the parties for every hearing and in case of non-appearance of the parties despite receiving notices, can conduct enquiry and pass exparte order with the material available. It is only in the exceptional cases where the Magistrate feels that the circumstance require that he can insist the presence of the parties even by adopting coercive measures.

ii) In view of the remedies which are in civil nature and enquiry is not a trial of criminal case, the quash petitions under Sec.482 Cr.P.C. on the plea that the petitioners are unnecessarily arrayed as parties are not maintainable. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V. case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court."

7. In the present case, the petitioner herein is mother of R-1.

Therefore, it is difficult for her to attend the Court on each date of

hearing. Even the allegations against her are general in nature.

8. Considering the said facts and also in view of the principle

laid down in the above judgment, this Court is inclined to dispense with

the presence of the petitioner in the DVC proceedings.

9. In view of the above discussion, the present Criminal

Petition is disposed of, dispensing with personal appearance of the

petitioner herein/R-2 D.V.C. No.32 of 2022 on the file of III

Metropolitan Magistrate, Manoranjan Complex at Nampally.

10. As a sequel, miscellaneous petitions, if any, pending in the

Criminal Petition shall stand closed.

__________________ K. LAKSHMAN, J Date: 18.04.2022 dv