Yeluri Satyanarayna Patnaik And 3 Others v. Patnaikuni Gayathri And Another

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.9474 OF 2018 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') to quash the proceedings in D.V.C.No.23 of 2018, pending on the file of the learned XX Metropolitan Magistrate, Cyberabad at Malkajgiri, Ranga Reddy District.

Learned counsel for the petitioners after arguing for sometime, requested this Court, to direct the Court concerned to follow the guidelines formulated by this Court in Giduthuri Kesari Kumar and Others v. State of Telangana and Others1.

In Giduthuri Kesari Kumar1, this Court laid down certain guidelines, to quash the proceedings in D.V.C. Case, in paragraph No.14, which are as follows:

"14) To sum up the findings:

i) Since the remedies under D.V Act are civil remedies, the Magistrate in view of his powers under Section 28(2) of D.V Act shall issue notice to the parties for their first appearance and shall not insist for the attendance of the parties for every hearing and in case of non-appearance of the parties despite receiving notices, can conduct enquiry and pass exparte order with the material available. It is 1 2015 (2) ALD (Crl.) 470 (AP)

MSM,J CrlP_9474_2018 only in the exceptional cases where the Magistrate feels that the circumstance requires that he can insist the presence of the parties even by adopting coercive measures.

ii) In view of the remedies which are in civil nature and enquiry is not a trial of criminal case, the quash petitions under Sec.482 Cr.P.C on the plea that the petitioners are unnecessarily arrayed as parties are not maintainable. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V. case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court."

Acceding to the request of the learned counsel for the petitioners and without touching the merits of the case, I deem it appropriate to direct the Court concerned to follow the guidelines prescribed in Giduthuri Kesari Kumar1. Accordingly, the Court concerned is directed to adhere to the guidelines formulated by this Court in Giduthuri Kesari Kumar1.

With the above directions, the present Criminal Petition is disposed of. No order as to costs.

MSM,J CrlP_9474_2018 Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition, shall stand closed. ________________________________________ JUSTICE M. SATYANARAYANA MURTHY September 06, 2018 Mgr