V.S.J. Bhavani Shanker, v. Rayalacheruvu Hema,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6015 of 2013 ORDER :

This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C seeking to quash the proceedings in D.V.C. No.4 of 2013 on the file of Additional Judicial Magistrate of the First Class, Tirupati, Chittoor District.

2) Heard the learned counsel for petitioner and the learned Public Prosecutor for the State and perused the material on record.

3) The learned Public Prosecutor submitted that the matter was already ended in dismissal. Even other wise, as observed by this Court in Gaddameedi Nagamani V. The State of Telangana rep. by Public Prosecutor (Crl.P (SR) Nos.22371 of 2015 and batch), the application to quash the D.V.C. proceedings is not sustainable from the efficacious appeal remedy is available under Section 29 of the Domestic Violence Act.

4) In view of the above, the Criminal Petition is disposed of. Petitioner as respondent to the D.V.C. case is given liberty to file application under Section 126(2) r/w 205 Cr.P.C. to dispense with personal appearance and, to represent through advocate, for the learned Magistrate to consider and dispense with subject to personal appearance as and when required.

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

____________________________ Dr. B. SIVA SANKARA RAO, J 09.11.2015 pab