Smt. Noor Jahan Begum vs The State Of Telangana
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Telangana High Court

Smt. Noor Jahan Begum vs The State Of Telangana on 12 February, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

                    HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

                        CRIMINAL PETITION No.2010 of 2025
       ORDER:

This Criminal Petition is filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023(for short 'BNSS') by the

petitioners/respondent Nos.2, 3 and 5 to quash the proceedings against

them in D.V.C.No.70 of 2022 pending on the file of IV Judicial

Magistrate of First Class at Hyderabad.

2. Heard the learned counsel for the petitioners and the learned

Additional 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 alternative remedy.

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

for the petitioners, the appearance of the petitioner/respondent Nos.2, 3

2015 (2) ALD (CRL.) 764

and 5 in D.V.C.No.70 of 2022 pending on the file of IV Judicial

Magistrate of First Class 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 on every date of hearing and in

case of default, this order gets vacated automatically.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall also stand closed.

_____________________ JUVVADI SRIDEVI, J

Date: 12.02.2025 BV