High Court for State of TelanganaCRLP/2813/2017disposed of no costs

Bajjuri Rajesh v. Smt. Bajjuri Aruna

2017-04-06A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2813 OF 2017 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), requesting to quash the proceedings in D.V.C. No.2 of 2017 on the file of Special Mobile Judicial Magistrate of First Class, Khammam.

2. The petitioners viz., Bajjuri Rajesh, Smt. Vanga Kalyani, Vanga Srinivas, and Smt. Bajjuri Jayamma, are arrayed as respondent Nos.1, 2, 3 and 4, respectively, in the above Domestic Violence Case filed by respondent No.2 herein viz., Smt. Bajjuri Aruna, the aggrieved person. Petitioner No.1 herein is husband of respondent No.2 herein, petitioner Nos.2 to 4 are sister, brother-in-law and mother, respectively, of petitioner No.1.

3. Heard Sri Kowturu Pavan Kumar, learned counsel for the petitioners, and the learned Additional Public Prosecutor for the State of Telangana, and perused the material on record.

4. This Court, in Gaddameedi Nagamani v. State of Telangana1 and Giduthuri Kesari Kumar v. State of Telangana2, held that under Section 482 of Cr.P.C., the request for quashment of proceedings in The Protection of Women from Domestic Violence 1 2015 (2) ALD (Crl.) 746 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

ASNJ Crl. P No.2813 of 2017 Act, 2005, cannot be entertained as the same are purely of civil nature. Following the same principle, Criminal Petition Nos.365 and 2025 of 2017 were disposed of on 13.03.2017 and 14.03.2017, respectively, exempting appearance of the petitioners therein. Hence, the present petition is also required to be disposed of on the same lines.

5. Therefore, the Criminal Petition is disposed of, at the admission stage itself, dispensing with the presence of the petitioner Nos.2, 3 and 4 herein (respondent Nos.2, 3 and 4 in DVC) in D.V.C. No.2 of 2017 on the file of Special Mobile Judicial Magistrate of First Class, Khammam, till conclusion of the proceedings. However, petitioner No.1 - respondent No.1 in the said D.V.C, who is husband of respondent No.2 herein, is directed to represent petitioner Nos.2 to 4 herein (respondent Nos.2 to 4 in DVC) in the said D.V.C. Petitioner Nos.2 to 4 shall appear before the learned Magistrate as and when they are directed, if their presence is necessary. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

____________________________ A. SHANKAR NARAYANA, J April 6, 2017.