Citation : 2023 Latest Caselaw 1997 Tel
Judgement Date : 4 September, 2023
GAC,J
Crl.P.No.8476_2023
1
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8476 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 and 3 to quash the proceedings against them in
D.V.C.No.36 of 2023 pending on the file of IV Junior Civil Judge -
cum - V Additional Metropolitan Magistrate, Rangareddy District at
L.B.Nagar.
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 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.8476_2023
5. However, taking into consideration that the petitioners -
respondents No.2 and 3 are mother and sister of respondent No.1 in
DVC, the appearance of the petitioners - respondents No.2 and 3 in
D.V.C.No.36 of 2023 pending on the file of IV Junior Civil Judge -
cum - V Additional Metropolitan Magistrate, Rangareddy District at
L.B.Nagar 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, the Criminal Petition is disposed
of.
Miscellaneous applications pending, if any, shall stand closed.
____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY
Date: 04.09.2023 ns
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