Bandaru Venkatesham vs Smt. Bandaru Ramadevi
2023 Latest Caselaw 2325 Tel

            HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                       CRIMINAL PETITION No.8885 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.1 to 5 to quash the proceedings against them in

D.V.C.No.30 of 2023 pending on the file of Special (Mobile) Judicial

First Class Magistrate, Nalgonda.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for respondent

No.4-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.8885_2023

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

for the petitioners - respondents No.1 to 5, the appearance of the

petitioners - respondents No.1 to 5 in D.V.C.No.30 of 2023 pending

on the file of Special (Mobile) Judicial First Class Magistrate,

Nalgonda, 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: 13.09.2023 rev