The Court dismissed a Criminal Petition seeking to quash proceedings under the Domestic Violence Act. Proceedings against petitioners 2-6 were continued with dispensed presence, while the petition against petitioner 1 was dismissed.
Criminal Petition dismissed as against petitioner No. 1; continued proceedings for petitioners Nos. 2 to 6.
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.
THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL
Criminal Petition No.7126 of 2016
ORDER:
Petitioners – Respondent Nos.1 to 6 approached this Court with a prayer to quash the proceedings in D.V.C.No.15 of 2015 on the file of the Additional Judicial First Class Magistrate at Armoor, Nizamabad.
Heard the arguments and perused the material available on record.
The 1st Respondent herein filed the present complaint against the petitioners herein seeking certain reliefs under the provisions of Protection of Women from Domestic Violence Act. Hence, this Court is not inclined to interfere with the further proceedings against petitioners.
In any event considering the nature of allegations wherein the question of identity of petitioner Nos.2 to 6 – Respondent Nos.2 to 6 does not arise, their presence before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of the judgment. Considering the nature of allegations against petitioner No.1 – Respondent No.1, this court is not inclined to grant any relief to the petitioner No.1 – Respondent No.1 in this Criminal Petition and accordingly the Criminal Petition is dismissed as far as petitioner No.1 – accused No.1 is
concerned.
Accordingly, the Criminal Petition is disposed of.
Consequently, Miscellaneous Petitions pending, if any, in this Criminal Petition shall stand closed.
_______________________ JUSTICE M.S.K.JAISWAL 03.06.2016 skmr
2 issues framed by the court
Whether to interfere with proceedings filed under the Protection of Women from Domestic Violence Act.
Whether to dispense with the presence of certain petitioners during the trial.
3 provisions across 2 enactments
Petitioners (Nos. 2 to 6)
Petitioner No. 1
Respondent No. 1
M.S.K. Jaishwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
