In a petition to quash domestic violence proceedings under Section 482 Cr.P.C., the High Court refused to quash. Instead, it directed the trial court to expedite disposal and dispensed with the presence of accused persons unless required for smooth proceedings, pending their grievance resolution.
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.
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oFTELANGANA lNrHEHrGH couRl{8$DrffABltrE
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PRESENT "fr'=Rf
THEHONOURABLEDR' JUSTICED'NAGARJUN PETI TloNNO:82820F2 022 CRIMINAL
Between:
..PETITIONERS/RESPONDENTSNO.2TO 5 IN DVC
AND
RESPONDENT/COMPLAINANT
...RESPONDENT/DEFACTO-COMPLAINANT
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Fetition, the High Court may be pleased to quash the proceedings in D.V.C.No. 3 of 2019 on the file of the Court of the Junior Civil Judge, Sirpur against the petitioners herein and pass such other order or orders as this Honourable Court may deem fit.
I I I
CRL P.M.P.NO./t .A NO: 1 o F 2022
Petition und('r section 492 of cr.p.c praying that n the circumstances stated in the Memc randum of Grounds of criminal Fetitior:,the High court may be pleased to stay ( f all further proceedings in D.V.C.No. 3 c,f 20.t9 on the fite of the Court of the . unior Civil Judge, Sirpur against the petitroners pending disposal of the Crir tinal Petition and pass such other order or orders as the Honourable Court m, ry deem fit.
This Petitionr:oming on for hearing,upon perusingtlte Memorandumof Grounds of crimina'Petition and uponhearingthe argunlenisof sri I V RADHAKR|SHNAMt,RTHY,AdvocateforthePetitioneran.]oftheAssistant Public Prosecutor(T(,) on behalf of the Respondent No'1
The Courtmade the I rllowing:ORDER
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THE HON'BLE DR. JUSTICE D.NAGARJUN
CRIMINAL PETITION No.8282 of 2022
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, by the petitioners - accused Nos.2 to 5 to quash the proceedings in D.V.C.No.3 of 2Ol9 pending on the file of the learned Junior Civil Judge, Sirpur, against them. 2. The facts in brief as can be gathered from the record available before this Court are as under: a) The petitioners-respondent Nos.2 to 5 are in-laws and respondent No.1 is the husband of respondent No.2-de facto complainant. Respondent No.2-de facto complainant filed a Domestic Violance Case against the petitioners-respondent Nos.2 to 5 and against her husband alleging that her husbandrespondent No.1 used to beat and ill-treat her on the instigation of petitioners-respondent Nos.2 to 5 for want ol additional dowry and subjected her to inhuman acts causing physical injuries, mental torture and emotiona-i distress. Through the Domestic Violance Case, she prayed to grant maintenance of Rs. 10,000/per month to herself and for her daughter, medical expenses and Rs.5,0O,OOO/- which the petitioners-respondentg have received
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Dr.DNR, J (. rl.P.No-8282 of 2022
at the tirr e of marriage and Rs.5,00, -,1)O/- towards compensatior ancl damages from the respondents
(a) Thr: Court below takin g cognizanct: against the petitioners her ein is wholly illegal, arbitrary and contrary to law and that there are no specific allegations against te petitioners herein except( mnibus allegations.
(b) '[he:e are no specilic dates and timing,; of the alleged allegations :rs i.gainst the petitioners-responrlentvos.ll to 5 and therefore, pray:d to quash the proceedings in D.V.C.No.3 of 2O 19 pending on the file of the learned Junio' Civil Judge, Sirpur.
"Whe ther the proceedings ag,ainst petitioners respondent Nos.2 to 5 in D.V.C.No..l of 2O19 pend ng on the file of the learned Junior Clivil
Dr.DNR, J Crl.P,No.8282 of 2022
3
Judge, Sirpur, can be quashed under Section 482 of the Code of Criminal Procedure?"
6 . In the course of submissions, learned counsel for the petitioners has fairly submitted that a suitable direction may be given to the trial Court dispensing the presence of the petitioners to meet the ends of justice as of now so that they can adjudicate all their grievances before the trial Court.
trial Court to expedite the trial in D.V.C. No.3 of 2019, on the file of the learned Junior Civil Judge, Sirpur, and dispose of the same as expeditiously as possible. Further, the presence of the petitioners-respondent Nos.2 to 5 before the trial Court in D.V.C.No.3 of 2Ol9 is dispensed with except as and when required by the trial Court for smooth progress of the proceedings.
Pending Miscellaneous Applications, if any, shal1 stand
closed.
I
SD/-T. KRISHNA KUMAR DEPUry REGISTRAR //TRUE COPY// SECTI ;1 OFFICER
To,
I I I I I
I I I I I I
HIGH COUR T
DATED:1 510)12022
5'rAT(: Or
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ORDER
CRLP.No.8282 of 2022
DISPOS!NG OF THE CRIMINAL PETIT.ICIN.
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3 issues framed by the court
Whether proceedings against accused in a Domestic Violence Case can be quashed under Section 482 Cr.P.C.
Whether conditional relief of dispensing presence can be given to dispose of grievances before trial.
Whether the trial court should be directed to expedite disposal of the civil complaint.
1 provisions across 1 enactments
Gunda Lingaiah
Gunda Varalaxmi
Gunda Samatha
Gunda Sritheja
State of Telangana
Kannam Pushpalatha
Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
