Akanti Manoj Kumar vs The State Of Telangana
2023 Latest Caselaw 3582 Tel

         THE HONOURABLE DR.JUSTICE G. RADHA RANI

      CRIMINAL PETITION Nos.10817 AND 10818 OF 2023

COOMON ORDER:

      Criminal Petition No.10817 of 2023 is filed by the petitioners -

Respondent Nos.2 to 5 and Criminal Petition No.19818 of 2023 is filed

by the petitioner-respondent No.1 to quash the proceedings against them

in DVC No.429 of 2022 on the file of learned IV Metropolitan

Magistrate, Hyderabad.

2. Heard learned counsel for the petitioners and Sri S.Ganesh,

learned Assistant Public Prosecutor for respondent No.1 - State in both

the petitions.

3. Learned counsel for the petitioners submitted that the offences

alleged against the petitioners were under Sections 17, 18 (d), (e), 19, 20

(1), a, b, c & d and under Sections 22 and 23 of the Domestic Violence

Act, 2005. The petitioners in Crl.P. No.10817 were the parents and

other family members of the petitioner No.1 in Crl.P. No.10818 of 2023.

The wife of the petitioner No.1-respondent No.2 herein filed DVC

against all the petitioners alleging that she was abused, ill-treated and

physically and mentally harassed by the petitioners. Learned counsel

further submitted that the allegations were mainly against petitioner Dr.GRR,J Crl.P.Nos.10817 & 10818 of 2023

No.1-husband and there were no specific allegations against the other

petitioners, and requested to quash the proceedings against them in the

DVC.

4. Learned Assistant Public Prosecutor submitted that the petition

under Section 482 Cr.P.C. for quashing the proceedings in DVC was not

maintainable and relied upon the judgment of this Court in

Gaddameedi Nagamani v. The State of Telangana 1.

5. In the light of the judgment in Gaddameedi Nagamani

(supra), this Court is not inclined to quash the proceedings against the

petitioners in DVC No.429 of 2023. At this stage, learned counsel for

the petitioners requested to dispense with the presence of the petitioners

before the trial court.

6. Taking into consideration the fact that only general allegations

are leveled against the petitioners in Crl.P. No.10817 of 2023, their

appearance/attendance only is dispensed with before the learned IV

Metropolitan Magistrate, Hyderabad, in DVC No.429 of 2023 unless

their presence is required by the trial Court.

2015 (2) ALD (CRL.) 764 Dr.GRR,J Crl.P.Nos.10817 & 10818 of 2023

7. Accordingly, Criminal Petition No.10817 of 2023 is disposed

of with the above directions and Criminal Petition No.10818 is

dismissed.

Pending miscellaneous applications, if any, shall stand closed.

_____________________ DR.G. RADHA RANI, J November 06, 2023 KTL