Kasipeta Shanker vs Koyyada Kasipeta Priyanka
2023 Latest Caselaw 2913 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION No.9737 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of

the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')

by the petitioners/respondents Nos.2 to 6 to quash the

proceedings against them in D.V.C. No.12 of 2023 pending

on the file of the Judicial First Class Magistrate,

Godavarikhani.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.2 - State. Perused the record.

3. In the light of the judgment in Gaddameedi

Nagamani v. State of Telangana 1, a petition to quash

the proceedings in Domestic Violence Case is not

maintainable, as Section 29 of the Protection of Women

from Domestic Violence Act, 2005 affords an efficacious

remedy by way of an appeal against the act of the Court

below in taking cognizance and numbering the D.V.C.

2015 (2) ALD (CRL.) 764

4. In view of the above, the petitioners are at liberty to

avail the said remedy.

5. However, in view of the request made by the learned

counsel for the petitioners/respondent Nos.2 to 6, the

appearance of the petitioners/respondents Nos.2 to 6 in

D.V.C.No.12 of 2023 pending on the file of the Judicial

First Class Magistrate, Godavarikhani, is dispensed with,

except on the dates whenever their presence is required by

the trial Court, and they shall be represented by their

counsel.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 05.10.2023 ssp