Dismissed

Pachala Yesuratnam, S/o. Bhupathi Rao, Aged 70 yrs, (A2) v. The State of Andhra Pradesh

Telangana HC28 Dec 2015CRLP/13150/2014

Case brief

AI extract

What is this about?

The single judge dismissed a criminal petition under Section 482 Cr.P.C. seeking to quash domestic violence proceedings. Relying on precedent that such reliefs are civil, the court held it was not a fit case for quashing and dispensed with petitioner attendance.

What did the court decide?

Petition dismissed; presence of petitioners in trial court dispensed with; miscellaneous petitions closed.

Pachala Yesuratnam, S/o. Bhupathi Rao, Aged 70 yrs, (A2)… — Domestic Violence | Telangana HC (2015)

¶1

THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

¶2

CRIMINAL PETITION No.13150 of 2014

¶3

ORDER:

¶4

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners who are respondent Nos.2 to 5 in D.V.C.No.9 of 2014 on the file of the First Additional Junior Civil Judge, Gurazala, Guntur District.

¶5

2. Heard Sri Venkata Reddy Kodumuri, learned counsel for the petitioners, learned Public Prosecutor representing the State and Sri Jayanthi SC Sekhar, for second respondent.

¶6

3. A perusal of the record reveals that the second respondent filed a petition under Section 12 of the Protection of Women from Domestic Violence Act (for short ‘the Act’) against the petitioners and another claiming various reliefs under the Act. The learned Magistrate after satisfying himself with the material placed before him has taken the case on file and numbered it as DVC 9 of 2014 and issued summons to the respondents.

¶7

3. As per the principle enunciated in Valisetti Chandra Rekha v. State of Andhra Pradesh, Mohit Yadam v. State of Andhra Pradesh and Mohd. Akber Yaseen v. Rizwana Sultana, the reliefs sought under Sections 18 to 22 of the Act are purely civil in nature and there is no element of criminality.

¶8

4. In the instant case also the reliefs sought by the second respondent are purely civil in nature without any element of criminality. Whether the second respondent is entitled to claim reliefs against the petitioners or not has to be decided during the course of trial only. A perusal of the record reveals the role played by the petitioners. If this Court expresses any opinion touching the merits of the case, the same will cause prejudice to either of the parties. In such circumstances, the maintainability of the present petition under Section 482 Cr.P.C. is very much doubtful.

¶9

5. Having regard to the facts and circumstances of the case and also the principle enunciated in the cases cited supra, I am of the considered view that it is not a fit case to quash the proceedings against the petitioners/respondent

¶10

Nos.2 to 5 in DVC No.9 of 2014.

¶11

6. Learned counsel for the petitioners submitted that the petitioners are facing much difficulty to attend the trial Court on each and every date of adjournment. Hence, their presence may be dispensed with.

¶12

7. There is no dispute with regard to the identity of petitioners/respondents No.2 to 5. Even if the presence of the petitioners is dispensed with, no prejudice would be caused to the second respondent.

¶13

8. Hence, the presence of petitioners/respondents 2 to 5 in D.V.C.No.9 of 2014 on the file of the First Additional Junior Civil Judge, Gurazala, is hereby dispensed with on each and every date of adjournment. However, the petitioners shall appear before the trial Court as and when their presence is so required.

¶14

9. With the above observation, the Criminal Petition is dismissed.

¶15

10. Consequently, Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

¶16

T. SUNIL CHOWDARY, J

¶17

Date:28.12.2015

¶18

Rns

Pachala Yesuratnam, S/o. Bhupathi Rao, Aged 70 yrs, (A2) v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Pachala Yesuratnam, S/o. Bhupathi Rao, Aged 70 yrs, (A2) v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. Ponaganti Swaroopa Chary Vs The State of Telangana.,rep.,Pp

Smt Beepasha (A2) Vs The State of Telangana

Kethireddy Narsimha Reddy Vs The State of Telangana.,rep.,Pp

Ch. Santhosh Rao S/o. Kishan Rao, Vs The State of Telangana

M. Shiva Kumar, Vs The State of Telangana

Padala Adi Lakshmi, Vs The State of A.P