Ayman Sharieff, v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.3292 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.165 of 2016 on the file of IV Metropolitan Magistrate, Hyderabad at Erramanzil.

2. Petitioners are arrayed as respondent Nos.1 to 4 in the aforesaid D.V.C. They are the husband, father-in-law, mother-in-law and sister-in-law of respondent No.2 - complainant, respectively

3. Heard Sri Shakeel Ahmed, 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.

5. Hence, the present Criminal Petition is disposed of, however, dispensing with the presence of petitioner Nos.2 to 4 herein viz., Ayub Sharieff, Yasman Sultana @ Yasmeen Sultana and Amal 1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

Sultana, in D.V.C.No.165 of 2016 on the file of IV Metropolitan Magistrate, Hyderabad at Erramanzil. But, they shall appear before the Court below as and when the learned Magistrate directs them to appear, if necessary. Petitioner No.1, who is the husband of respondent No.2 - complainant, would represent petitioner Nos.2 to 4 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 21, 2017.

MD