Disposed

Smt. Muppuri Dhana Lakshmi v. The State of Andhra Pradesh

Andhra Pradesh HC21 Mar 2024CRLP/2024/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of domestic violence proceedings before a Mangalagiri court. Following the Court's earlier common order in Criminal Petition No.599 of 2023 batch, the petition was disposed of by dispensing with the petitioners' personal presence before the trial court except when the Magistrate considers their presence necessary.

What did the court decide?

Presence of petitioners before the trial court dispensed with, except where the Magistrate deems their presence necessary; miscellaneous applications closed.

Smt. Muppuri Dhana Lakshmi Vs The State of Andhra… — Domestic Violence | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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FRIDAY ,THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

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CRIMINAL PETITION NO: 2024 OF 2n?4

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Between:

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Smt. Muppuri Dhana Lakshmi, W/o. Adinarayana Aged⁵⁷ years, R/o. D. No.8-493, Bhargavapeta, Mangalagiri, Guntur District.

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Muppuri Adinarayana, S/o. Late Sanjeevarao, Aged 61 years, R/o. D.No.8-493, Bhargavapeta, Mangalagiri, Guntur District.

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Muppuri Srikanth, S/o. Adinarayana, Aged 34 years, D.No.8-60 Kandruvaari street, Mangalagiri, Guntur District.

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...Petitioners/Accused

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AND

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The State of Andhra Pradesh, represented by its Public Prosecutor High Court of Andhra Pradesh at Amaravati, High Court Buildings at Nelapadu, Amaravati, Guntur District.

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Smt. Samudrala Mamatha, W/o. Muppuri Charana Kumar Aged 33

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years, Occ: Housewife, R/o. near Muslim Burial Ground, Opposite Jio

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Office, Tenali Road, Mangalagiri, Guntur District., Currently Residing with her Mother at D.no.1-2- 113,Kothuru Tadepalli Village and Mandal Guntur District.

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...Respondents

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, Court may be pleased to quash the proceedings In D.V.C No. 17 2023 on the file of Additional Junior Civil Judge Court, Mangalagiri, Guntur District against the petitioners in view of the law laid down by the Hon'ble Apex Court and Hon'ble Calcutta High Court in the judgments reported in 1992 Supp (1) SCC 335, 2021 SCC Online Cal 2602 and consequently grant stay of all further proceedings including the appearance of the petitioners in D.V.C.No.17 of 2023 on the file of Additional Junior Civil Judge Court, Mangalagiri, Guntur District in view of the law laid down by the Hon’ble Apex Court and Hon'ble Calcutta High Court in the judgments reported in 1992 Supp (1) see 335 and 2021 SCC Online Cal 2602 and pass such other order or orders may deem fit and proper in the circumstances of the case.

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I.A. NO: 2 OF 2024

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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 may be pleased to grant stay of all further proceedings including the appearance of the petitioners in D.V.C No. 17 of 2023 on the file of Additional Junior Civil Judge Court, Mangalagiri, Guntur District and pass such other order or orders may deem fit and proper in the circumstances of the case

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Omkar D, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.2024 of 2024

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Order:

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This Criminal Petition, under Section 482 of the Code^ofCriminal Procedure, 1973 (for short, 'CrPC'), is filed by the petitioners herein, to quash the proceedings in DVC No. 17 of 2023 on the^{fileofthelearned} Additional Judicial Magistrate of First Class, Mangalagiri, initiated against them by 2"^^ respondent herein under the provisions^ofthe Protection of Women from Domestic Violence Act, 2005 (for short, 'the DVC Act, 2005').

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Today, when the matter came up for admission, it is represented by the learned counsel for the petitioners^{andaccededto,} by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition No.599 of 2023 and^batch,dated 16.03.2023, wherein this Court held thus.

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"13. In view of the aforesaid reasons stated supra, it can be inferred that since the proceedings under the DVC Act, 2005 are civil in nature, the provisions of CrPC may not apply, is too general and vague. Instances would arise where an aggrieved

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also would have to seek the relief in respect of person all the petitions filed before the jurisdictional Magistrate, and the option left to her would only be^by way of initiating proceedings under Section 482 CrPC with certain self-imposed restrictions. In view of^the principle laid down in Nandkishior Pralhad Vyawahare V. Mangala case (3 supra), 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 alternative 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.

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The present Criminal Petitions are filed seeking to quash the proceedings initiated against^the petitioners under the provisions of the DVC Act, 2005. Though various contentions have been raised in the petitions, the only grievance of the petitioners is^that their presence may be dispensed with, in the proceedings before the Court below, Having considered the submissions of the learned counsel, this Court dispenses with the presence of the petitioners, who are relatives of husband, except husband, before the Court below, except on those occasions when the learned Magistrate feels that their presence is necessary.

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With the aforesaid observations and directions, the Criminal Petitions are disposed of. Miscellaneous petitions, if any pending, in the Criminal Petitions, shall stand closed."

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Hence, following the said order passed by this Court^inCriminal Petition No.599 of 2023 and batch, dated 16.03.2023 and for the reasons mentioned therein, this Criminal Petition is disposed of dispensing with the presence of the petitioners herein only before the Court below, except on those occasions when the learned Magistrate feels that their presence is necessary.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

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SD/- P U V BHASKAR ASSISTANT REGISTRAR

. L //TRUE COPY// C/

SECTION OFFICER

To,

The Additional Junior Civil Judge Court, Mangalagiri. Guntur District.

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Smt. Samudrala Mamatha, W/o. Muppuri Charana Kumar Aged 33

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years, Occ Housewife, R/o. near muslim burial ground, opposite jio office, Tenali road, Mangalagiri, Guntur District., Currently Residing with her Mother at D.no.1-2- 113,Kothuru, Tadepalli Village^and Mandal,Guntur District.

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