Telangana High Court
V. Priyadarshini vs Smt.N.Sridevi on 3 February, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.929 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by the
petitioner to quash the proceedings against her in
D.V.C.No.62 of 2023 pending on the file of the II Additional
Metropolitan Magistrate, Medchal-Malkajgiri District at
Malkajgiri.
2. Heard Mr. Syed Riyazuddin, learned counsel for
petitioner, and Ms. S. Madhavi, learned Assistant Public
Prosecutor for the respondent - State. Perused the material
on record.
3. A petition under Sections 12, 18, 19 and 21 of the
Protection of Women from Domestic Violence Act, 2005 (for
short, 'the DVC Act, 2005') is filed by respondent
No.1/complainant. Allegations in the petition are that she is
married to Sudheer, on 25.02.2021 and at the time of
marriage certain amount of cash and household articles were
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given and that marriage was performed on the facilitation by
petitioner. Petitioner herein is the sister of Sudheer.
4. It is stated in the petition that respondent No.1's
marriage was performed with Sudheer without discussing the
fact that her husband was suffering from psychological
disorder and that his previous marriage was broken because
of his psychological disorder. It is further alleged that
respondent No.1's husband has been harassing her physically
and mentally and necked her out from the house. It is also
alleged that her husband used to abuse her, her brother and
parents in filthy language and that Sudheer's unpredictable
and psychotic behaviour has caused lot of mental trauma to
her.
5. It is alleged that at the behest of petitioner, marriage is
performed and petitioner instigates Sudheer and her husband
was harassing her, her parents and brother. Hence the
compliant. It is also alleged that her husband threatened to
kill her.
6. Learned counsel for petitioner submits that allegations
made are baseless and false. It is further submitted that
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petitioner is not residing in the same house as alleged by
respondent No.1. It is also submitted that charge sheet is filed
against petitioner under Section 498-A of IPC. That the
address of the petitioner in the charge sheet is different to
that of the address shown in the DVC petition. It is pointed
out that the petitioner herein was residing at the address in
the charge sheet for the last 10 years along with her husband
and it is correct address. It is submitted by learned counsel
that in the charge sheet filed, the investigating authority has
stated the correct address, whereas an incorrect address was
mentioned in DVC petition only to rope the petitioner for
creating ground of harassment. It is further submitted that
the allegations levelled against petitioner in the DVC petition
are false and are only to implicate petitioner in the DVC
proceedings.
7. Learned Assistant Public Prosecutor submits that once
an application/petition is filed under Section 12 the DVC Act,
2005, the proceedings under Section 482 of Cr.P.C are not
maintainable before this Court and that there is an
alternative remedy available under Section 29 of the DVC Act,
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2005 and petitioner has to approach appropriate Court by
filing of an application.
8. Heard learned counsels, perused the record and
considered the rival submissions.
9. Respondent No.1/complainant filed a complaint alleging
that petitioner has arranged marriage with her brother-
Sudheer with respondent No.1. On perusal of the petition it is
observed that there are no specific allegations against
petitioner except stating that petitioner has instigated her
brother Sudheer.
10. Charge sheet is filed, statements are recorded. Address
of the petitioner in charge sheet is Lokanada Street, K.l.Nagar,
Chennai, Tamil Nadu, while the address of the petitioner in
DVC.No.62 of 2023 is Nakkiran Street, Alwar Thiru Nagar,
Valasalavakkam, Chennai, Tamil Nadu. The charge sheet is
filed in August 2022 and the DVC petition is filed before the
Court in September 2023.
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11. Be that as it may, this Court is not inclined to delve into
these aspects, as the petitioner has alternative remedy by way
of Section 29 of the DVC Act, 2005.
12. In the light of the judgment in Gaddameedi Nagamani
v. State of Telangana , a petition to quash the proceedings
in Domestic Violence Case is not maintainable, as Section 29
of the DVC Act, 2005 provides an efficacious remedy by way
of an appeal against the act of the Court below in taking
cognizance and numbering the D.V.C. The petitioners are at
liberty to avail the said remedy. The proceedings under
Section 482 of Cr.P.C are not sustainable. This Court is not
inclined to take a different view to that of the judgment in
Gaddameedi Nagamani's case (supra 1).
13. Having considered the submissions and the entire
factual matrix of the case, this Court is of the view that
appearance of petitioner herein can be dispensed with and is
hereby dispensed with the following conditions.
14. It is made clear that petitioner shall present herself
when summoned by the Court, if her presence is required by
2015 (2) ALD (CRL.) 764
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the Court. Petitioner shall file affidavit(s) that she will not
dispute her identity and that the proceedings can go on in her
absence, to be conducted by her counsel(s). Learned
counsel(s) for petitioner shall represent before the trial Court
without fail on all dates. Petitioner shall not dispute the
proceedings conducted in her absence. This order shall stand
vacated automatically, if petitioner fails to attend the
proceedings as and when summoned by court and also when
the counsel(s) representing petitioner fails to attend Court
proceedings on any of the dates. Other remedies available
under law can be availed and the petitioner is at liberty to
avail the same. Any observations made in this order shall not
influence the Court below while considering or concluding the
case at the time of trial.
15. Accordingly, this Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand
closed.
__________________________
ANIL KUMAR JUKANTI, J
Date: 03.02.2025
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THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.929 OF 2025
Date: 03.02.2025
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