Disposed

Sri.Dasti Krishna v. The State of Telangana

Telangana HC7 Aug 2018CRLP/8297/2018

Case brief

AI extract

What is this about?

The Court directed the Magistrate to follow specific guidelines from Giduthuri Kesari Kumar to ensure civil-style proceedings in domestic violence cases, emphasizing that appearance should not be insisted except when necessary, and disposed of the petition without a trial on facts.

What did the court decide?

Directing the Additional Judicial First Class Magistrate, Armoor, to adhere to guidelines from Giduthuri Kesari Kumar regarding proceedings under D.V. Act; Criminal Petition disposed of.

Sri.Dasti Krishna Vs The State of Telangana — Domestic Violence | Telangana HC (2018)

¶1

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.8297 of 2018

¶2

ORDER :

¶3

This criminal petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in D.V.C.No.13 of 2018 on the file of Additional Judicial First Class Magistrate, Armoor, against the petitioner/R3.

¶4

Heard learned counsel for petitioner and learned Public Prosecutor for the 1^st respondent-State.

¶5

The main contention of learned counsel for petitioner is that the petitioner never committed any domestic violence against the 2^nd respondent.

¶6

In “ Giduthuri Kesari Kumar and Ors. v. State of Telangana and Ors.¹ ” this Court laid down certain guidelines to quash the proceedings in D.V.C. ,in paragraph 14, which are as follows:

¶7

“14) To sum up the findings:

¶8

i) Since the remedies under D.V Act are civil remedies, the Magistrate in view of his powers under Section 28(2) of D.V Act shall issue notice to the parties for their first appearance and shall not insist for the attendance of the parties for every hearing and in case of non-appearance of the parties despite receiving notices, can conduct enquiry and pass exparte order with the material available. It is only in the exceptional cases where the Magistrate feels that the circumstance require that he can insist the presence of the parties even by adopting coercive measures.

¶9

ii) In view of the remedies which are in civil nature and enquiry is not a trial of criminal case, the quash petitions under Sec.482 Cr.P.C on the plea that the petitioners are unnecessarily arrayed as parties are not maintainable. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the

¶10

1 2015 (2) ALD (Crl.) 470 (AP)

¶11

MSM,J Crl.P.No.8297of 2018

¶12

¶13

petitioner filed D.V. case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court.”

¶14

Therefore, I deem it appropriate to direct the Additional Judicial First Class Magistrate, Armoor, to follow the guidelines prescribed in “ Giduthuri Kesari Kumar and Ors. v. State of Telangana and Ors. ” (referred supra).

¶15

In view of the above, the Additional Judicial First Class Magistrate, Armoor, is directed to adhere to the guidelines formulated by this Court in “ Giduthuri Kesari Kumar and Ors. v. State of Telangana and Ors. ” (referred supra) and shall not insist the appearance of the petitioner, except on the dates when his personal appearance is required.

¶16

With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

¶17

7^th August, 2018

¶18

¶19

___________________________________ JUSTICE M. SATYANARAYANA MURTHY

Sri.Dasti Krishna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri.Dasti Krishna v. The State of Telangana

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

Balam Veera Venkata Satyanarayana and 3 Others Vs the State of a.P.,Rep.,Pp and Another

S.Krishna Praveen, Orissa State and 2 Otrs., Vs the State of Ap., Rep Pp and Anr.

Showkath Vs the State of a.P.,Rep.,Pp and Another

Smt.Prasanna Vs the State of Telangana

Uppari Veera Ranganath and 3 Others Vs the State of a.P., and Another

Pradeep Goel Vs the State of a.P., and Another