Telangana High Court
Umehabeea vs The State Of Telangana on 3 March, 2022
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1974 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.44 of 2021 on the file of Judicial First
Class Magistrate-Cum- Protection of Women from Domestic
Violence Act, 2005, Mahboobnagar. 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 is
second wife of R-1 in DVC, 2nd and 3rd petitioners are parents of 1st
petitioner herein. 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 16.12.2009. 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:
. 2015 (2) ALD (Crl.) 470 (AP)
"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 proceedings since
continuation of the proceedings in such instances
certainly amounts to abuse of process of Court."
7. In the present case, the petitioners herein are aged
parents of the 1st petitioner herein, 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.44 of 2021, pending on the file of
Judicial First Class Magistrate-Cum- Protection of Women from
Domestic Violence Act, Mahboobnagar.
10. As a sequel, miscellaneous petitions, if any, pending in
the Criminal Petition shall stand closed.
__________________
K. LAKSHMAN, J
Date: 03.03.2022
dv
