Yelichuri Kranthi vs The State Of Telangana
2023 Latest Caselaw 3197 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION No.10271 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 petitioner/respondent No.4 to quash the

proceedings against her in D.V.C.No.19 of 2023 pending on

the file of the XI Additional Metropolitan Magistrate at

Rajender Nagar.

2. Heard learned counsel for the petitioner and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1- 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 petitioner is at liberty to

avail the said remedy.

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

counsel for the petitioner/respondent No.4, the appearance

of the petitioner/respondent No.4 in D.V.C.No.19 of 2023

pending on the file of the XI Additional Metropolitan

Magistrate at Rajender Nagar, is dispensed with, except on

the dates whenever her presence is required by the trial

Court, and she shall be represented by her counsel.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 16.10.2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10271 OF 2023 Date: 16-10-2023 gvl