Dismissed

Sandhya v. The State of Telangana

Telangana HC23 Dec 2021CRLP/9897/2021

Case brief

AI extract

What is this about?

Criminal Petition filed to quash Domestic Violence proceedings where the petitioner was an arrayed party without specific allegations against her. Relying on civil nature of remedies, Court dispensed with her personal appearance and directed Magistrate to proceed against husband while holding petitioner's presence optional.

What did the court decide?

Petitioner dispensed from personal appearance in DV Case No.61 of 2019; proceedings against husband to continue.

Sandhya Vs The State of Telangana — Domestic Violence | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE TWENTY THIRD DAY OF DECEMBER

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITIO NO: 9897 OF 2O2L

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Between:

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Sandhya, w/o Vijay, aged about 28 years, occ- Working Women, r/o HIG 106 Bharat Nagar Colony, Hyderabad, presently residing at Australia.

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.....PETITIONER/ RESPONDENT NO. 2

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AND

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The State ofTelangana, rep. By Public Prosecutor, High Court, Hyderabad.

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Sophiya Clara Micheal, w/o Pasala Joseph d/o Joseph Michel, aged 30 years, occHousewife, r/o H.No. 25-6-15412 Kazipet, Near Vegetable Market Warangal Urban District.

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,,.RESPONDENTS/COM PLAINANT

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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 call for the records relating to the D.V.C. No. 61 of 2019 on the file of the Principal Judicial First Class Magistrate at Warangal, and quash the proceedings thereon and to grant such other relief or reliefs as this Honble Court deems fit and proper in the circumstances of the case.

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I.A. NO; 1 OF 2021

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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 &,grant stay of all further^proceedings including the appearance of the^petitioner in D,V.C.No, 61 of 2019 on the file of the Principal Judicial First Class Magistrate at Warangal, pending disposal of the Criminal Petition.

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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 Y.^SURESH KUMAR ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2,

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The Court made the following: ORDER

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THE H )NOURABLE SRI WSTICE K. LAKSHMAN ' CI IMINAL PETITI ON No.9 89 7 0F 20121

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I I

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ORDER:

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This app ication is filed under Section 4g2 Cr.p.C., seeking to quash the p^.oceedings against the petitioner in D,V.C.No.6l of 2o 19 pending on the file of the principar Judicial First class Magistrate, Wa^-angal.

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A perusal of the record would reveal that the 2.d r.espondent herein filed ap1 ,lication under Section 12 of protection of Women from Domestic Violence Act, 2OO5 vide D.V.C.Nct.6l of 2019. The petitioner rerein is Respondent No.3 in the above DVC and she is the ma ried sister of Respondent No. l/husband in the DVC.

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Learned < ounsel for petitioner would submit that the 2"a respondent in^.he application filed under Section 12 <tf the Act, no specific al1e6 ation was made against petitioner herein and she did not even se( k any specific relief against her.

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In this re6 erd, it is apt to refer to the decision renderecl by a learned Single - udge of High court of Judicature for the States ol' Telangarrra and \rrdhra Pradesh rn Gld.uthuri Kesari .Kumar u. State of Telangandl, wherein it was held as under:

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"14) To r um up the findings:

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i) Since th. remedies under D.V.Act are civil rerrredir:s, the Magistrate in ,iew of his powers under Section 2g(2) of D.V Act shall issue not ce to the parties for their first appearance ancl shall

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':ors 1z;^ato 1crl.) 47( Ap

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not ir-lsist for the attendance of the parties for every hearing and in case o[ non-appearance of the parties despitc receiving notices, can conduct enquiry and pass exparte order with the material avallable. It is only in the exceptional cases where the Magistrate feels that the circumsta-nce require that the he can insist the presence of the parties cven by adopling coercive measures.

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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 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 Dornestic 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."

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In view of the above discussion and the observations made b,v the iearned Single Judge in the aforesaid decision. tl-re^present Criminal Petition is disposed of, dispensing with the^personal appearance of petitioner herein in D.V.C. No.61 of^{20 19 pending} on the file of Principal Judicial First Class Magistrate,^Warangal and the proceedings against Respondent No.l/husband in^the DVC may go on. The learned Magistrate is further directed^to dispose of the DVC as expediotusly as^{possible.Miscellaneous} petitions pending, if any, shall stand closed.

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SD/-V.KAVITHA ASSISTANT BEGISTRAR //rRuE^coPYtt SECTION -_--w^.^OFFICER

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To,

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The Principal^{ludicial FirstClass Magistrate.Warangal' District} i.^'oi" cCi,isRI^{Y.suRESHKUMA&Advocate [oPUC]} i. r*Jrc.^{toiuBLIcPRosEduron,nign Court for the state of relanganaat} Hyderabad [OUT]

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Two CD^CoPies

,,BS A-

HIGH COURT

DATED:231 L2l2O2L

ORDER

CRLP.No.9897 of 2O2:

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DISPOSING OF THE C TLPMINAT PETITION.

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Sandhya v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sandhya v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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