High Court for State of TelanganaCRLP/3093/2017disposed of no costs

Tholem Susheela, v. The State Of Telangana

2017-04-17A.Shankar Narayana2 pages

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.3093 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.7 of 2017 on the file of Judicial Magistrate of First Class (Special Mobile Court), Nalgonda.

2. Petitioners herein are arrayed as respondent Nos.6 and 7 in the aforesaid D.V.C. Petitioner No.1 is the sister-in-law of respondent No.2 - complainant, whereas petitioner No.2 is the husband of petitioner No.1.

3. Heard Sri N. Jeevan Kumar, learned counsel for the petitioners, and 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, expressed that the relief under Section 482 of the Code is not available to Domestic Violence Cases, as the proceedings under Domestic Violence Act are of civil nature.

1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

5. Hence, the present Criminal Petition is disposed of, however, dispensing with the presence of petitioners herein viz., Tholem Susheela and Tholem Sriram, in D.V.C.No.7 of 2017 on the file of Judicial Magistrate of First Class (Special Mobile Court), Nalgonda. But, they shall appear before the Court below as and when the learned Magistrate directs them to appear, if necessary. Respondent No.1 in the D.V.C., who is the husband of respondent No.2 herein - complainant, would represent the petitioners herein, in the aforesaid D.V.C.

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

__________________________ A.SHANKAR NARAYANA, J April 17, 2017.