Pammi Sudharshana Chary v. Smt. Pammi Kameswari , Bhukva Kannesweiej

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.3235 of 2017 ORDER:

The present petition under Section 482 of the Code of Criminal Procedure, 1973 is filed to quash the proceedings in Domestic Violence Case No.23 of 2016 on the file of the II-Additional Judicial First Class Magistrate at Kothagudem.

Petitioner Nos.1 to 3, who are the father-in-law, mother-in-law and sister-in-law of the de facto complainant-1st respondent herein, respectively, are arrayed as the respondents 1 to 3 in the aforesaid D.V.C., whereas petitioner No.4, who is the husband of petitioner No.3, is arrayed as respondent No.4 in the D.V.C.

Heard Sri Kowturu Pavan Kumar, learned counsel for the petitioners, and the learned Additional Public Prosecutor for the State of Telangana.

In Gaddameedi Nagamani v. State of Telangana1 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 the proceedings in D.V.C cannot be entertained. Following the same principle, even this Court disposed of some criminal petitions exempting the appearance of the petitioners therein.

Since the learned counsel for the petitioners would submit that the 1st petitioner, who is the 1st respondent in the D.V.C, is attending the 1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

Court where the D.V.C is pending, the presence of the petitioners 2 to 4/respondents 2 to 4 in the D.V.C is exempted directing the 1st respondent in the D.V.C to appear on their behalf also and also directing the petitioners 2 to 4 herein to appear before the Court below as and when the learned Magistrate directs them to appear, if their presence is necessary.

Accordingly, the Criminal Petition is disposed of, at the admission stage itself.

Miscellaneous petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A.SHANKAR NARAYANA, J Date: 20.04.2017 v v