Telangana High Court
Gandla Narsamma And 2 Others vs The State Of Telangana And Another on 15 February, 2022
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1424 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.18 of 2021 on the file of Judicial Magistrate
of First Class (Protection of women from Domestic Violence Act, 2005)
at Mahbubnagar. The petitioners herein are respondents 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 petitioners 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
petitioners herein never harassed the 2nd respondent as alleged by her in
the complaint. The 2nd respondent falsely implicated the petitioners in
the present case. He would further submit that 1st petitioner herein is
mother, 2nd petitioner is brother and 3rd petitioner is sister-in-law of R.1.
There are no allegations, much less specific allegations against the
petitioners. In view of the same, he sought to quash the proceedings in
the said DVC by dispensing with their 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
petitioners by the 2nd respondent in the complaint filed under Section -
12 of the Act, 2005 and that the petitioners 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 six years back. After marriage, the petitioners herein 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
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
. 2015 (2) ALD (Crl.) 470 (AP)
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 1st petitioner herein is aged mother of
R.1, therefore, it is difficult for her to attend the Court on each date of
hearing. Even the allegations made in the complaint against the
petitioners herein 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 petitioners in the DVC proceedings.
9. In view of the above discussion, the present Criminal Petition is
disposed of, dispensing with personal appearance of petitioners herein in
D.V.C. No.18 of 2021 on the file of Judicial Magistrate of First Class
(Protection of women from Domestic Violence Act, 2005) at
Mahbubnagar. However, it is made clear that the proceedings may go on
against the respondent No.1 in DVC No.18 of 2021.
10. As a sequel, miscellaneous petitions, if any, pending in the
Criminal Petition shall stand closed.
__________________
K. LAKSHMAN, J
Date: 15.02.2022
dv
