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High Court for State of TelanganaCRLP/2955/2017disposed of no costs

Kalyanum Mallesham v. The State Of Telangana

2017-04-17A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2955 OF 2017 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, requesting to quash the proceedings in D.V.C. No.58 of 2016 on the file of XIX Metropolitan Magistrate at Miyapur, Cyberabad, Telangana State.

2. The petitioners herein are arraigned as respondent Nos.2 to 4 in the above Domestic Violence Case filed by respondent No.2 herein along with her son. Petitioner Nos.1 and 2 herein are parents-in-law of respondent No.2 herein, while petitioner No.3 is her brother-in-law. The husband of respondent No.2 herein is not a party to the present petition.

3. Heard Sri K. Sankaraiah, learned counsel for the petitioners and the learned Additional Public Prosecutor for the State of Telangana.

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 Protection of Women from Domestic Violence Act, 2005, cannot be entertained as the proceedings under challenge are purely of civil nature. Following the same principle, this Court 1 2015 (2) ALD (Crl.) 746 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

disposed of Criminal Petition Nos.365 and 2028 of 2017 on 13.03.2017 and 14.03.2017, respectively, exempting appearance of the petitioner No.2 only. 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 petitioners - respondent Nos.2 to 4 in D.V.C. No.58 of 2016 on the file of XIX Metropolitan Magistrate at Miyapur, Cyberabad, till the disposal of the proceedings. However, respondent No.1 in the said D.V.C, who is husband of respondent No.2 herein, is directed to represent the petitioners herein in the said D.V.C, but they shall appear before the learned Magistrate as and when 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 17, 2017.

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