Criminal petition filed by accused seeking quashing of proceedings under the Protection of Women from Domestic Violence Act, 2005. Court held it is not inclined to quash proceedings at this stage given the nature of allegations.
Quashing of proceedings under DV Act denied; physical presence of accused dispensed with for future appearances.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.9576 of 2011
ORDER:
Petitioners-Accused Nos. 1 to 3 approach this Court by invoking the provisions under Section 482 of Cr.P.C. with a prayer to quash the proceedings against them in D.V.C.No.76 of 2011 on the file of the IV Metropolitan Magistrate Court, Hyderabad.
2. Heard both sides.
3. Since the allegations against the petitioners are punishable under the provisions of the Protection of Women from Domestic Violence Act, 2005, this Court is not inclined to quash the proceedings against the petitioners at this stage.
4. In any event, taking into consideration the nature of allegations, wherein the question of identity of the accused does not arise, the presence of the petitioners before the court below is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall be properly represented through their counsel.
5. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed.
__________________ JUSTICE RAJA ELANGO
11-10-2011 CHV
1 issue framed by the court
Whether the criminal proceedings under the Protection of Women from Domestic Violence Act, 2005 should be quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
Petitioners
State of A.P.
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
