N. Rukmini v. The State Of Telangana
HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2627 of 2017 ORDER:
The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') requesting to quash the proceedings in Domestic Violence Case No.103 of 2015 on the file of the III Metropolitan Magistrate, Erramanzil, Hyderabad. 2.
The petitioners herein, who are mother-in-law, father-in-law and sister-in-law of the de facto complainant/respondent No.2 herein, are arrayed as respondent Nos.2 to 4 in the aforesaid DVC. The husband of the de facto complainant, who is arrayed as respondent No.1 in the DVC, is not a party to the present petition. 3.
Heard Sri Khaja Manzoor Ali, learned counsel for the petitioners, and learned Additional Public Prosecutor for the State of Telangana on behalf of respondent No.1.
4.
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, Criminal Petition Nos.365 and 2028 of 2017 were disposed of on 13.03.2017 and 14.03.2017 respectively, exempting the appearance of the petitioners therein.
1 2015 (2) ALD (Crl.) 746 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)
5.
Since respondent No.1 in DVC, who is the husband of respondent No.2 herein, is appearing before the Court, where DVC proceedings are pending, he shall represent petitioners herein and the presence of the petitioners is dispensed with till the conclusion of the proceedings in D.V.C.No.103 of 2015 on the file of the III Metropolitan Magistrate, Erramanzil, Hyderabad. However, as and when the learned Magistrate directs the petitioners to appear, if there is necessity of their appearance, they shall obey the order of the Court. 6.
Accordingly, the Criminal Petition is disposed of. 7.
Miscellaneous Petitions, if any, pending in the Criminal Petition shall stand closed.
___________________________ A. SHANKAR NARAYANA, J March 31, 2017.
mar