Kalwagadda Srikanth Goud vs The State Of Telangana,
2023 Latest Caselaw 2291 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

              CRIMINAL PETITION No.11644 OF 2022

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 Nos.1 and 2 to quash the

proceedings against them in D.V.C.No.3 of 2022 pending

on the file of the learned XXIV Metropolitan Magistrate at

Hayathnagar.

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. 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

04. In view of the above, the petitioners are at

liberty to avail the said remedy.

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

learned counsel for the petitioners/respondents Nos.1 and

2, the appearance/attendance of the petitioner /

respondent No.2 in D.V.C.No.3 of 2022 on the file of the

learned XXIV Metropolitan Magistrate at Hayathnagar, is

dispensed with, unless her presence is required by the trial

Court for a specific purpose and she shall be represented

by her counsel.

06. As specific allegations are leveled against

petitioner No.1/respondent No.1, no such relief is given to

him.

07. Accordingly, this Criminal Petition is disposed

of.

Pending miscellaneous applications, if any, shall

stand closed.

__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 12-SEP-2023 KHRM

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.11644 OF 2022 Date: 12-SEP-2023 KHRM