Thatichetla Sreedhar Goud, v. Thatichetla Saritha,

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.2737 OF 2017 ORDER:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), is filed requesting to quash the proceedings in Domestic Violence Case No.13 of 2016 on the file of Judicial Magistrate of First Class, Medak, Medak District.

2. The petitioners herein are arrayed as respondent Nos.1 to 3 in the aforesaid D.V.C. Petitioner No.1 is the husband, whereas petitioner Nos.2 and 3 are the mother-in-law and brother-in-law, respectively, of respondent No.1 - de facto complainant.

3. Petitioner No.1, who appeared as a party-in-person, would submit that, though, he has filed the present Criminal Petition for quashing the proceedings in the aforesaid D.V.C., he restricts the request to dispense with the presence of petitioner Nos.2 and 3, who are his mother and elder brother, respectively, in the aforesaid D.V.C. and that he would regularly attend the Court on each and every date of hearing of the aforesaid D.V.C.

4. Acceding to such a request, more particularly, in view of the view already taken that quashment of proceedings in Domestic Violence Cases is not permissible under Section 482 of the Code, by following the decisions rendered by this Court in Gaddaameedi

Nagamani v. State of Telangana1 (Criminal Petition No.22371 of 2015, dated 17.07.2015), and Giduthuri Kesari Kumar v. State of Telangana2, the present Criminal Petition is disposed of dispensing with the presence of petitioner Nos.2 and 3 herein i.e., Thatichetla Kousalya and Thatichetla Sreenivas Goud, in D.V.C.No.13 of 2016 on the file of Judicial Magistrate of First Class, Medak, Medak District, but, however, they are directed to appear as and when the learned Magistrate directs them to appear, if their presence is absolutely necessary. Petitioner No.1 herein - husband of the de facto complainant would represent petitioner Nos.2 and 3 herein, in the aforesaid D.V.C.

5. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

__________________________ A.SHANKAR NARAYANA, J April 04, 2017.

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