Telangana High Court
Smt. Pole Vajramma vs The State Of Telangana And 5 Others on 23 June, 2022
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5371 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.3 of 2022 on the file of the Principal
Judicial First Class Magistrate, Jangaon. The petitioners herein are
respondent Nos.1 to 3 in the said DVC. The said DVC is filed by 2nd
respondent 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 is the
mother-in-law, the 2nd petitioner is the sister-in-law and the 3rd
petitioner is the 2nd petitioner's husband of the 2nd respondent. The
husband of the 2nd respondent passed away on 08.07.2021 due to
Covid. 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 with the 2nd respondent with the deceased
husband was performed on 17.07.2013. After the death of husband of
the 2nd respondent, 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 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
. 2015 (2) ALD (Crl.) 470 (AP)
proceedings since continuation of the proceedings in such
instances certainly amounts to abuse of process of Court."
7. In the present case, the 2nd petitioner herein is aged person,
therefore, it is difficult for her to attend the Court on each date of
hearing. Even the allegations made in the complaint against the other
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 the petitioners in
D.V.C. No.3 of 2022 on the file of the Principal Judicial First Class
Magistrate, Jangaon.
Miscellaneous petitions, pending if any, shall stand closed.
________________
K. LAKSHMAN, J
Date: 23.06.2022
mar
