Citation : 2023 Latest Caselaw 2920 Tel
Judgement Date : 5 October, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9719 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of
Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners -
respondents No.2 to 7 to quash the proceedings against them in
D.V.C.No.99 of 2023 pending on the file of Judicial Magistrate of First
Class (PCR) at Karimnagar.
2. Heard learned counsel for the petitioners and Sri S.Ganesh,
learned Assistant Public Prosecutor for respondent No.1 - State and
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.
4. In view of the above, the petitioners are at liberty to avail the
said remedy.
2015 (2) ALD (CRL.) 764 GAC,J Crl.P.No.9719_2023
5. However, taking into consideration that the petitioners -
respondents Nos.2 to 7 are the family members of respondent No.1
in DVC, the appearance of the petitioners - respondents No.2 to 7
in D.V.C.No.99 of 2023 pending on the file of Judicial Magistrate of
First Class (PCR) at Karimnagar 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. With the above observations, this Criminal Petition is disposed
of.
Miscellaneous applications pending, if any, shall stand closed.
____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY
Date: 05.10.2023 ns
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