Valasala Radharani v. The State

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.3192 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 2017 on the file of XIX Metropolitan Magistrate, Kukatpally at Miyapur.

2. Petitioner herein is arrayed as respondent No.2 in the aforesaid D.V.C. She is the mother-in-law of respondent No.2 hereincomplainant.

3. Heard Sri P.V. Venkata Ravi Sankar, learned counsel for the petitioner, 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.

5. Hence, the present Criminal Petition is disposed of, however, dispensing with the presence of petitioner herein viz., Smt. Valasala Radharani, in D.V.C.No.13 of 2017 on the file of 1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

XIX Metropolitan Magistrate, Kukatpally at Miyapur. But, she shall appear before the Court below as and when the learned Magistrate directs her 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 petitioner 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 19, 2017.

MD