Chandanapavan Kiran Kumar vs Bandla Jyothi
2023 Latest Caselaw 3199 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION No.10239 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 Nos.1 to 3 to quash the

proceedings against them in D.V.C.No.309 of 2023 pending

on the file of the IV Metropolitan Magistrate at Integrated

Family Courts, Hyderabad.

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.1 to 3, the

appearance of the petitioner Nos.2 and 3/respondent Nos.2

and 3 in D.V.C.No.309 of 2023 pending on the file of the

IV Metropolitan Magistrate at Integrated Family Courts,

Hyderabad, is dispensed with, except on the dates

whenever their presence is required by the trial Court, and

they shall be represented by her counsel. However, the

presence of petitioner No.1/respondent No.1 is not

dispensed with.

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.10239 OF 2023 Date: 16-10-2023 gvl