Partha Sarathi Das, v. Archana Kar

THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 12647 oF2023 Between:

1. PARTHA SARATHI DAS,, S/o.Laksmhi Narayana Das' age- 30 years, OccOcc- private Employee

2. ADILAKSHMI DAS,, Wo Laksmhi Narayana, age- 59 years, Occ- Housewife

3. LAKSHMI NARAYANA DAS, S/o. Krupasindhu Das, age'60 years, OccRetired EmPloYee, Petitioners/Respondent No. 1 to 3 are FU o. H. No. 13-2J121' Silent Avenue, Road No.5, Vbyushakthi Nagar, Dubai Building, Dammaiguda, Keesara Mandal, Medchal-Malkajgiri, Telangana-500083

4. HARI PRIYA PURIPANDA, D/o. Lakshmi Narayana Das, age- 29 years, OccHousewife,

5. PURIPANADA KISHORE KUMAR, S/o. U.M.W.R. Puropanda, Age- 38 years OccPrivate Employee, Petitioners 4 and 5 are resident of 0008, G-Floor' Sri Venkateswara Nilaya, Thubarahalli, Whitefiled, Thubarahalli, Bengaluru, Karnataka-560066

...Petitioners/Accused Nos.1 to 5

AND

1. Archana Kar, W/o. Parthasarathi Das, Age- 28 years, Occ- Housewife' R/o. H. No. 26-95/67, Flat No. Al, lst Floor, Ariuna Apartements, Balaram Nagar, Safilguda, Neredmet, Medchal-Malkajgiri, Telangana-500056 ...RespondenUDefacto Complainant

2. State of Telangana, Represented by its Public Prosecutor, High Court of Telangana, Hyderabad ...ResPondenUComPlainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the record relating to criminal case registered as D.V.C. No. 74 OF 2023 on the file of the I Additional Metropolitan Magistrate. At. Malkajgiri and quash the same in respect of the Petitioners /Respondent Nos. 1 to 5.

l.A. Npiz PE2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings in D.V.C. No. 74 OF 2023 on the file of lAdditional Metropolitan Magistrate. At. Malkajgiri pending disposal of the present Criminal Petition and pass such other order or orders This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MARKANDEYA RAJU R, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.2, and for the Respondent No.1 not appeared either in person or by Advocate.

The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE T. MAOHAVI DEVI RI N LP oF2 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners to quash the proceedings against them in D.V.C.No.74 of 2023 pending on the file of I Additional Metropolitan Magistrate at Malkajgiri' Heard learned counsel for the petitioners and learnedAssistantPublicProsecutorrepresentingrespondent No.z-State. Perused the record'

3.

In the light of the judgment in Gaddameedi Nagamani v. State of Tetangana', a petition to quash the t I proceedings in Domestic Violence Case is not maintainable' as Section 29 of the Protection of Women from Domestic Violence Act, 2005 affords an efficacious remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D'V'C'

/ ' 20l5 (2) ALD (cRr.) 764

TMD.J CRL.P.No.l2647 of 2021

4. In view of the above, the petitioners are at liberty to avail the said alternative remedy.

5.

However, in view oF the request made by the learned counsel for the petitioners, the appearance of the petitioners in D.V.C.No.74 of 2023 pending on the file of I Additional Metropolitan Magistrate at Malkajgiri, is dispensed with, except on the dates whenever their presence is required by the trial Court, and they shall be represented by their counsel.

Accordingly, the Criminal Petition is disposed of. Miscellaneous Applications, if any, pending in this Criminal Petition shall stand closed.

SD/- T.VIJAY KUMAR ASSISTANT REGISTRAR (-J - u/ //TRUE COPY// To, SECTION OFF]CER

1. The I Additional Metropolitan Magistrate. At. Malkajgiri

2. Two CC to Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI

3. One CC to SRl. MARKANDEYA RAJU R, Advocate [OPUC]

4. Two CD Copies PSR \cY

\.

HIGH COURT DATED:2211212023

ORDER

CRLP.No.12647 ot 2023 it,) I / i-:

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aa, !:."'. '.t'

DISPOSING OF THE CRIMINAL PETITION.

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