E.Naveen Kumar Goud v. The State Of Telangana

[ 3385 I THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 5 87 0F 2024 Between:

1. E.Naveen Kumar Goud, S/o.Ramnarsaiah, Aged about 44 years, Occ- Mechanical Enginee_r, R/o H No.12-1-5O71611, Laxminagar, Lalapet, Secunderabad, represented qy his GPA Holder E.Ramnarsaiah, S/o.LateMuthaiah Aged about 66 years, Occ_ Retired Employee

2. E.Ramnarsaiah, S/o.Late Muthaiah, Aged about 66 years, Occ- Retired Employee, R/o.H.No.12-1-507/6/1, Laxminagar, Lalapet, Secund6rabad.

3. Smt E Chandrakala, Wo. E.Ramnarsaiah, Aged about Sg years, Occ- Housewife, R/o. H. No. 1 2-1 -5Ol I 61 1, Laxminagar, Lalapet, Secunderabad.' AND ...PETIT|ONERS/ACCUSEDS

1. The State of Telangana, Represented by its public prosecutor, Hiqh Court for the ^ Qta!e_o! Telangana Hyderabad.

1'r RespondenUstate

2. Smt.E.Ashwini, Wo.E.Naveen Kumar Goud, Aged about 38 years, O6c- Housewife, R/o.H.No.8-43/8/U/8, Balaji Hills, Uppat, Medchat Matkaigiri 6istricr. ...2Nd RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to call for the records relating to DVC.No.117 of 2o1B on the file of court of ll Addl. Junior Civil Judge-cum- I Addl. Metropolitan Magistrate, MedchalMalkajgiri District and quash the proceedings in DVC.No.11l of 2018. t.A. NO 20F 2024 Petition under section 482 of cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to pass a direction for expeditious disposal of the petition in DVC.No 117 ot 2O18 on the file of court of ll Addl. Junior Civil Judge-cum- I Addt. Metropolitan Magistrate, Medchal-Malkajgiri District by fixing a time period, pending the disposal of the Crl. Petition.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing lhe arguments of Sri Mohd Subhan Pasha, Advocate for the Petitioners and the Asst. Public Prosecutor on behalf of the Respondent No. 1 and None appeared for the Respondent No. 2. The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE K. SUJANA CRIEINALJE.TITION No.5187 oT 2024 ORDER:

This Criminal Petrtion is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/ respondent Nos.1 to 3 to quash the proceedings against them in D.V.C.No.117 of 2018 pending on the file of II Additional lunior Civil Judge-cum-VI Additional Metropolitan Magistrate, Medchal-Malkajgiri District.

2.

Heard Sri Mohd Subhan Pasha. learned counsel for the petitioners and the learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.

3.

In the light of the judgment in Gaddameedi Nagamani v. State of Telanganat 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.

' zors 1z1ALD (cRL.) 764

5.

However, in view of the request made by the learned counsel for the petitioners, the appearance of the petitioners/respondent Nos.1 to 3 in D.V.C.No.I77 of 2018 pending on the file of II Additional Junior Civir Judge-cum-VI Additionar Metropolitan Magistrate, Medchal-Malkajgiri District, 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.

Sd/- P. CH. NAGABHUSHAMAA ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To,

1. The ll Addl. Junior Civil Judge-cum- I Addl. Metropolitan Magistrate, MedchalMalkajgiri District

2. The Protection Officer, Women and Child Welfare under DVC Act, (Sakhi centre) at Vanasthaliuram, Ranga Reddy Diskict.

3. One CC to Sri Mohd Subhan Pasha, Advocate [OPUC]

4. Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT)

5. Two CD Copies BJLB/kam UIP

HIGH COURT DATED:O2lO5l2O24

ORDER

CRLP.No.5187 ot 2024 t c) >.

sY .\s 0ao CRIMINAL PETITION IS DISPOSAL OF AU .| J tr9l tzv @uv \6\C il