Disposed

K.S.Nazeer Basha v. S F Banu

Andhra Pradesh HC27 Feb 2020CRLP/1116/2020

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings under Section 482 CrPC regarding a domestic violence case. It directed the trial court to follow guidelines that treating DV Act remedies as civil, the Magistrate cannot insist on party attendance for every hearing and need not do so requiring appearance only when necessary, relying on Giduthuri Kesari Kumar.

What did the court decide?

Criminal Petition disposed; I Additional Junior Civil Judge directed to adhere to Supreme Court guidelines regarding notice and ex-parte proceedings in DV cases.

K.S.Nazeer Basha Vs S F Banu — Domestic Violence | Andhra Pradesh HC (2020)

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THE HONOURABLE MS JUSTICE J.UMA DEVI CRIMINAL PETITION No.1116 of 2020

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ORDER:

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This Criminal Petition is filed under Section 482 of the Criminal Procedure Code to quash the proceedings against the petitioners/respondents 2 to 9 in D.V.C.No.14 of 2019 on the file of the learned I Additional Junior Civil Judge, Madanapalle, Chittoor District.

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Heard the learned counsel for petitioners and the learned Additional Public Prosecutor.

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Learned counsel appearing for the petitioners, while arguing that the petitioners never lived with the de facto complainant and her husband and that they never committed any domestic violence. So saying, requests this Court to dispose of this petition in terms of the order, dated 20.12.2017, passed by this Court in Criminal Petition No.12630 of 2017.

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In Giduthuri Kesari Kumar and Ors v. State of Telangana

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and Ors.,¹ this Court laid down certain guidelines to quash the proceedings in D.V.C.Case, wherein paragraph No.14 reads as under:

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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

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1 . 2015 (2) ALD (Crl.) 470 (AP)

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with the material available. It is only in the exceptional cases where the Magistrate feels that the circumstance require that he can insist the presence of the parties even by adopting coercive measures.

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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.”

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In view of the above, the learned I Additional Junior Civil Judge, Madanapalle, Chittoor District, is directed to adhere to the guidelines formulated by this Court in Giduthuri Kesari Kumar and Ors v. State of Telangana and Ors., (referred supra) and shall not insist the appearance of the petitioners, except on the dates when their personal appearance is required.

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With the above directions, the Criminal Petition is disposed of.

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As a sequel thereto, the miscellaneous petitions, if any, pending

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in this Criminal Petition shall stand closed.

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_________________ JUSTICE J.UMA DEVI

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Dated 27.02.2020. SPR

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THE HONOURABLE MS JUSTICE J.UMA DEVI

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CRIMINAL PETITION No.1116 of 2020

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Dated 27.02.2020. SPR

K.S.Nazeer Basha v. S F Banu

Case brief

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K.S.Nazeer Basha v. S F Banu

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