The High Court dismissed the Criminal Petition under Section 482 Cr.P.C seeking to quash DV Case proceedings by following a common order, deciding to dispense with the presence of relative-petitioners in the trial court.
Presence of petitioners 2 and 3 dispensed with in the trial court unless specifically summoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
FRIDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
the honourable SMT justice VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NQ: 9162 OF
Between:
...Petitioners/Accuseds
AND
...Respondents/Complainants
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the record and to quash the D.V.C No. 3 of 2023 on the file of the Court of the Additional Judicial Magistrate, Venkatagiri, Tirupathi District against the petitioners.
A V
l:A. NO: 1 OF 2023
.- ’I y > \ Petition under Section 482 of Cr.P.C praying that in the r ( circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings including the appearance of the petitioners in D.V.C No.3 of 2023, on the file of the Court of the Additional Judicial Magistrate, Venkatagiri, Tirupathi District.
This Petition coming on for hearing, upon perusingtheMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P Mallikharjuna Rao, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No. 1 and Respondent No.2None.
The Court made the following Order:
THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No.9162 of 2023
ORDER:
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the petitioners/Respondents 1 to 3, seeking to quash the proceedings in D.V.C.No.3 of 2023 on the file of the Court of Additional Judicial First Class Magistrate, Venkatagiri, Tirupati District.
- Heard Sri P.Mallikarjuna Rao, learned counsel for the petitioners and learned Assistant Public ProsecutorfortheState. 3. It is represented by the learned counsel for the petitioners and acceded to, by the learned Assistant Public Prosecutorthatthe subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal PetitionNo.599of 2023 and batch, dated 16.03.2023, wherein this Courtheld as follows:
i
way of initiating proceedings under Section 482 CrPC with certain self-imposed restrictions, In view of the principle laid down i n Nandkishior Pralhad Vyawahare V. Mangala case, this Court is of the opinion that inherent power of the High Court can be invoked subject to self-imposed restrictions, including availability of an efficacious altemative remedy under Section 29 of the DVC Act, 2005, so as to adhere to redressal of their grievances arising out of the orders passed in a proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 of the DVC Act, 2005.
- Hence, following the said Order passed by this Court in Criminal Petition No.599 of 2023 and batch, dated 16.03.2023 and
■«
taking into consideration of the facts and circumstances of the case, this criminal petition is disposed of. However, considering the submissions made, the presence of the petitioners 2 & 3 before the trial Court is dispensed with, unless there i IS a specific direction by the trial Court for their presence on particular dates. 4. In the result, the Criminal Petition is disposed of with the above observations.
Pending applications, if any, shall stand closed.
SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To 6 SECTION OFFICER AmaravaV[OUTf'"’"'' High Court of AndSa Pradesh, 4. Three CD Copies. LRV ssb
5»r'
HIGH COURT
DATED;24/11/2023
ORDER
CRLP.No.9162 of 2023
DISPOSING OF THE CRIMINAL PETITION
3 issues framed by the court
Whether the presence of petitioners who are relatives of the husband except the husband himself is necessary in proceedings under the DVC Act, 2005.
Whether the Criminal Petition seeking quashing of proceedings should be disposed of by following a common order.
Whether self-imposed restrictions exist regarding the invocation of inherent powers under Section 482 Cr.P.C in DVC Act cases.
Nari Sekhar
Narike Polamma
Narike Krishnaiah
The State of Andhra Pradesh
Nari Shameena
VENKATA JYOTHIRMAI PRATAPA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
