Smt. Rehana Bgum v. The State Of Telangana
THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.2093 of 2017 ORDER:
The present petition, under Section 482 of the Code of Criminal Procedure (for short, 'the Code'), is filed requesting to quash the proceedings in Domestic Violence Case No.4 of 2017 on the file of the Judicial First Class Magistrate (Special Mobile Court) at Nalgonda.
The petitioners are arraigned as respondent Nos.2 to 5 in the aforesaid D.V.C. Petitioner Nos.1 to 3 are the mother-in-law, fatherin-law and sister-in-law of respondent No.2/de facto complainant, whereas petitioner No.4 is the husband of petitioner No.3. The husband of the de facto complainant is not a party to the present petition.
Heard Sri Mirza Nisar Ahmed Baig Nizami, learned counsel for the petitioners, and the learned Additional Public Prosecutor for the State of Telangana on behalf of respondent No.1. 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, expressed that the relief under Section 482 of the Code is not available to the petitioners, as the proceedings under D.V.Act are of civil nature. 1 2015 (2) ALD (Crl.) 746 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)
Following the same principle, Criminal Petition Nos.365 & 2025 of 2017 were disposed of on 13.03.2017 and 14.03.2017, respectively, exempting the appearance of the petitioners therein, and the present petition is also liable to be dismissed on the same lines. Accordingly, the Criminal Petition is dismissed, exempting the presence of the petitioners, who are respondent Nos.2 to 5 in the aforesaid D.V.C, till the conclusion of the proceedings in the Domestic Violence Case, and respondent No.1 in the D.V.C, who is the husband of respondent No.2/de facto complainant, shall represent them. However, in case the learned Magistrate directs the petitioners to appear whenever their presence is necessary, they shall appear before the learned Magistrate.
Miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
__________________________ A.SHANKAR NARAYANA, J Date: 15.03.2017 Note: Issue CC by tomorrow B/o v v