Palla Padma (R-3) v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.11649 of 2017 ORDER:

This criminal petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in D.V.C.No.18 of 2017 on the file of Judicial First Class Magistrate, Miryalaguda, Nalgonda District, against petitioners/R.3 to R.6.

2.

Heard learned counsel for petitioners and learned Public Prosecutor for the 1st respondent-State.

3.

The main contention of learned counsel for petitioners is that the petitioners never committed any domestic violence against the 2nd respondent.

4.

In Giduthuri Kesari Kumar and Others v. State of Telangana and Others1, this Court laid down certain guidelines to quash the proceedings in D.V.C. in paragraph 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 ex parte order with the material available. It is 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 1 2015 (2) ALD (Crl.) 470 (AP)

MSM, J Crl.P.No.11649 of 2017 levelled 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."

5.

Therefore, I deem it appropriate to direct the Judicial First Class Magistrate, Miryalaguda, Nalgonda District, to follow the guidelines prescribed in Giduthuri Kesari Kumar (referred supra). 6.

In view of the above, the Judicial First Class Magistrate, Miryalaguda, Nalgonda District, is directed to adhere to the guidelines formulated by this Court in Giduthuri Kesari Kumar (referred supra) and shall not insist the appearance of the petitioners, except on the dates when their personal appearance is required.

7.

With the above directions, the Criminal Petition is disposed of. Consequently, pending Miscellaneous Petitions, if any, shall stand dismissed.

_______________________________ M. SATYANARAYANA MURTHY, J 30th NOVEMBER, 2017.

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