Shaik Thahirunnisa, v. State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.2807 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.2 of 2017 on the file of the Additional Junior Civil Judge, Srikalahasti, Chittoor District. The petitioners herein are arrayed as respondent Nos.2,4,5 and 6 in the aforesaid D.V.C. Respondent No.1 in the D.V.C is the husband of the de facto complainant/2nd respondent herein and he is shown as respondent No.3 in the present petition. Heard Sri G.Subash, learned counsel for the petitioners, and the learned Additional Public Prosecutor for the State of Andhra Pradesh. 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, this Court has succinctly held that in a petition under Section 482 of the Code, the request for quashment of DVC proceedings cannot be entertained. Following the same principle, even this Court disposed of some criminal petitions exempting the appearance of the petitioners therein. Accordingly, the Criminal Petition is disposed of exempting the presence of the petitioners, who are respondent Nos.2,4,5 and 6 in the 1 2015 (2) ALD (Crl.) 746 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)
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 Judge directs the petitioners to appear whenever their presence is necessary, they shall appear before the learned Judge.
Miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
__________________________ A.SHANKAR NARAYANA, J Date: 06.04.2017 v v