U.Ravishankar And 2 Others v. P. Vaidehi And Another

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR CRI MI NAL PETI TI ON NOs.4111, 6280, 6851, 8624, 8690, 8716, 9427 OF 2013, 1323, 2142, 3880, 4194, 4242, 5731 AND 6277 OF 2015 COMMON ORDER:

All these cases are filed under Section 482 CrPC seeking quashing of proceedings in cases registered under the Protection of Women from Domestic Violence Act, 2005 (for brevity, 'the Act of 2005'). However, in the light of the judgment in GADDAMEEDI NAGAMANI V/ s. STATE OF TELANGANA1, which held to the effect that quash petitions would not be maintainable in relation to the proceedings in cases registered under the Act of 2005, as Section 29 thereof affords an efficacious remedy by way of an appeal against the act of the Court below in either taking cognizance and numbering the DVC or in passing orders therein, these quash petitions are not maintainable. They are accordingly dismissed leaving it open to the petitioners to avail the appellate remedy provided to them as per the due procedure. It would be open to the petitioners to move applications before the appellate Court, as set out in para 21 of GADDAMEEDI NAGAMANI . Interlocutory applications pending in these cases, if any, shall also stand dismissed.

____________________ JUSTI CE SANJAY KUMAR Date:17.04.2019 PGS 1 2015 (2) ALD (CRL.) 764