Syeda Sadiqunnisa vs Lubna Saher Unnisa
2023 Latest Caselaw 3371 Tel

            HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                      CRIMINAL PETITION NO.10542 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.324 of 2023 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 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.10542_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.324 of 2023 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. With the above observations, this Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY

Date: 20.10.2023 ns