Bhooma Dharmaveer vs The State Of Telangana
2022 Latest Caselaw 46 Tel

Citation : 2022 Latest Caselaw 46 Tel
Judgement Date : 4 January, 2022

Telangana High Court

Bhooma Dharmaveer vs The State Of Telangana on 4 January, 2022

Bench: K.Lakshman

           THE HONOURABLE SRI JUSTICE K. LAKSHMAN
               CRIMINAL PETITION No.10319 of 2021
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.291 of 2021 on the file of IV Metropolitan

Magistrate Court at Hyderabad. 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 petitioners herein are

parents 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 on 17.05.2019. 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, petitioners are aged parents of R.1,

therefore, it is difficult for them 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.291 of 2021 on the file of IV Metropolitan Magistrate Court

at Hyderabad. However, it is made clear that the proceedings may go on

against the respondent No.1 in DVC No.291 of 2021.