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High Court for State of TelanganaCRLP/782/2017disposed of no costs

Cherukuri Suvarchala Kumari, v. Cherukuri Sailaja,

2017-03-31A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.782 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.1 of 2017 on the file of Judicial Magistrate of First Class, Jaggaiahpet.

2. The petitioners herein are arraigned as respondent Nos.2 to 6 in the above Domestic Violence Case filed by respondent No.1 herein. Petitioner No.1 herein is the mother-in-law of respondent No.1, while petitioner No.2 is sister-in-law, petitioner No.3 is husband of petitioner No.2 and petitioner Nos.4 and 5 are uncle and maternal aunt of husband of respondent No.1. The husband of respondent No.1 is not a party to the present petition.

3. Heard Sri Koneti Raja Reddy, learned counsel for the petitioners, Sri P. Nagendra Reddy, learned counsel for respondent No.1 and the learned Additional Public Prosecutor for the State of Andhra Pradesh.

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, 1 2015 (2) ALD (Crl.) 746 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

2005, cannot be entertained as the proceedings under challenge are purely of civil nature. Following the same principle, this Court 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 6 in D.V.C. No.1 of 2017 on the file of Judicial Magistrate of First Class, Jaggaiahpet. But, however, they shall appear before the learned Magistrate as and when directed. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J March 31, 2017.

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