Smt Afsar Pasha vs The State Of Telangana
2023 Latest Caselaw 3048 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

              CRIMINAL PETITION No.11074 OF 2022

ORDER:

This Criminal Petition is filed under Section 482 of

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

by the petitioners/respondent Nos.2 and 5 to quash the

proceedings against them in D.V.C. No.214 of 2022

pending on the file of III Metropolitan Magistrate at

Hyderabad.

2. Heard learned counsel for the petitioners and

Sri S. Ganesh, learned Assistant Public Prosecutor for

respondent - 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 and 5, the

appearance of the petitioners/respondents Nos.2 and 5 in

D.V.C.No.214 of 2022 pending on the file of III Metropolitan

Magistrate at Hyderabad, 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:10.10.2023 KH

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.11074 OF 2022

Date:10.10.2023

KH