Chintalavaraha Prasad vs State Of Telangana
2023 Latest Caselaw 3882 Tel

           THE HONOURABLE DR.JUSTICE G. RADHA RANI

              CRIMINAL PETITION No.11187 OF 2023

ORDER:

This Criminal Petition is filed by the petitioners - Respondents to

quash the proceedings against them in DVC No.24 of 2023 pending on

the file of learned Principal Judicial Magistrate of First Class,

Hanamkonda.

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

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

3. Learned counsel for the petitioners submitted that the

respondent No.2 herein filed DVC No.24 of 2023 before the Principal

Judicial Magistrate of First Class, Hanumakonda under Sections 19 (1)

(f) (3), 21(d) read with 23 of the Domestic Violence Act, 2005. The

petitioner No.1 was the husband, petitioners Nos.2 and 3 were the

parents-in-law and petitioner No.4 was the brother-in-law of the

respondent No.2. The allegations of the respondent No.2 in the DVC

were that she was abused, ill-treated and harassed physically and

mentally by the petitioners. Learned counsel further submitted that the

allegations made by the respondent No.2 were false, concocted and that

the main allegations were made against petitioner No.1-husband. He Dr.GRR,J Crl.P.No.11187 of 2023

further submitted that the petitioner Nos.2 and 3 were suffering with old

age ailments and they were not in a position to attend the proceedings

before the trial court and requested to quash the proceedings against the

petitioners in 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.24 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 petitioner Nos.2 to 4, their appearance/attendance

only is dispensed with in DVC No.24 of 2023 pending on the file of

learned Principal Judicial Magistrate of First Class, Hanamkonda unless

their presence is required by the trial Court. The petition is dismissed

2015 (2) ALD (CRL.) 764 Dr.GRR,J Crl.P.No.11187 of 2023

against the petitioner No.1-respondent No.1 and he is directed to appear

before the trial court on each and every adjournment.

7. Accordingly, the Criminal Petition is disposed of with the

above directions.

Pending miscellaneous applications, if any, shall stand closed.

_____________________ DR.G. RADHA RANI, J November 14, 2023 Note:

Furnish CC forthwith.

B/o.

KTL