Ausali Shashidhar vs The State Of Telangana
2023 Latest Caselaw 3279 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

              CRIMINAL PETITION No.10346 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/respondent Nos.1 to 5 to quash the

proceedings against them in D.V.C.No.3 of 2023 pending

on the file of Junior Civil Judge - cum - Judicial Magistrate

of First Class at Kalwakurthy.

2. Heard learned counsel for the petitioners 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

2015 (2) ALD (CRL.) 764

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 alternative remedy.

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

learned counsel for the petitioners/respondent Nos.1 to 5,

the appearance of the petitioners/respondents No.2 to 5 in

D.V.C.No.3 of 2023 pending on the file of the Junior Civil

Judge - cum - Judicial Magistrate of First Class at

Kalwakurthy is dispensed with, except on the dates

whenever their presence is required by the trial Court, and

they shall be represented by their counsel, the appearance

of respondent No.1 cannot be dispensed with. Further, the

petitioners are at liberty to file an application seeking their

discharge. On such application being filed, the trial Court

shall dispose of the same on merits without being

influenced by any of the observations made by this Court

in the present order.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 17.10.2023 mrm