Dismissed

Smt. B.Vishwa Sree v. Y.Sravanthi and Another

Telangana HC13 Sept 2022CRLP/8693/2016

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a criminal petition filed under Section 482 Cr.P.C. to quash Domestic Violence proceedings. The court held the petition infructuous because the cause of action no longer survived, leading to the closure of associated miscellaneous petitions.

What did the court decide?

Criminal Petition and miscellaneous petitions dismissed as infructuous with no further cause of action surviving.

Smt. B.Vishwa Sree Vs Y.Sravanthi and Another — Domestic Violence | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY ,THE THIRTEENTH DAY OF SEPTEI\4BER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE Dr. JUSTICE D.NAGARJUN

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CRIMINAL PETITION NO: 8693 OF 2016

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Between:

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Smt. B.Vishwa Sree, W/o.B.Vijaya Kumar, Aged 34 years, Occ: House hold Rr/o. H No.10-1-382, Veer Nagar, Chintalbasthi Khairtabad, Hyderabad, TS

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...PETITIONER/ACCUSED No.4

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AND

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I Y.Sravanthi, W/o. Arram Kranthi Kumar, aged about 31 years, Occ: Employee at Australia R/o.Unit.3, 24Wat Street, Gosford, NSW, Australia-2250 Clo. H.No:8-'1-284lOU1276, O U Colony, Shaikpet, Hyderabad, Hyderabad, TS 500 053

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...RESPONDENT No.1/AGGRIEVED PARTY

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The State of Telangana., rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, Forthe state ofTelangana & A P, Through Protection Officer, Domestic Violence Act Hyderabad, TS

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...RESPONDENT No.2/COMPLAINANT

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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 D V C No.68 of 2016, pending on the file of the learned lV Metropolitan Magistrate at Erramanzil, Hyderabad, TS and quash the same against the petitio ners/respo nd ent No.4 and pass such other order.

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l.A. NO: 1 OF 2016(CRLPMP. NO: 9498 OF 2016)

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Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be, pleased to stay all further proceedings including appearance of the petitioner/Respondent No.4 in D V C No.68 of 2016, on the file of the learned lV Metropolitan Magistrate at Erramanzil, Hyderabad, TS, against the petitioner/

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respondent No.4, pen ling disposal of the above criminal pelitior-r arrd pass such other order or orders.

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This Petition cr ming on for hearing, upon perusing tl'e Memorandum of Grounds of Criminal Petition and upon hearing the argrrrrenls of Sri Bethi Venkateswarlu, Advo:ate for the Petitioner and the Assistant Public Prosecutor (through Protection⁽ fficer, Women and Child Welfare agenry, Hyderabad.) on behalf of the Respor dent No.2 and of Sri K. Venkata ReCcy Adr'ocate for the Respondent No.1.

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The Court made the ollowing: ORDER

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THE TION'BLD DR. JUSTICE D.NAGARJUN

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CRIMINAL PETITION No.8693 of 2016

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ORDER:

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This Criminai Petition is filed under Section 482 of the Code of Criminal Procedure by the petitioner - respondent No.4 to quash D.V.C.No.68 of 2016 on the file of learned IV Metropolitan Magistrate at Erramanzii, Hyderabad the cognizance of which was taken for the offence under Section 12 of the Protection of Women from Domestic Violence Act.

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Learned counsel representing the petitioner has submittecl that the criminal petition has become infructuous as the cause ol action does not survive.

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In view of the above submission, the criminal petition is dismissed as infructuous.

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As a sequel, the miscellaneous Petitions, pending if any,

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shall stand closed.

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SD/.7 RINIVAS DEPUTY R ISTRAR /iTRUE COPY' C SECTION OFFICER To, 1 . The lV Metropolitan Magistrate, Erramanzil, Hyderabad 2. One CC to Sri Bethi Venkateswarlu, Advocate [OPUC] 3. One CC to Sri K.^{Venkata Reddy, Advocate} [OPUCI 4. Two CCs to the Public Prosecutbr,^{High Court for the State of Telangana at} Hyderabad. [OUT] 5. Oire CC to the Pr6tection^{Officer, Domestic Violence Act, Hyderabad, T.S.} 6. Two CD Copies (. One Spare Copy gbr

HIGH COURT

DATED: 13/09^t2022

ORDER

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CRLP.No.86!^t3 of 2016

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DISMISSIN(; THE CRL.P AS INFRUC TUOUS

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Smt. B.Vishwa Sree v. Y.Sravanthi and Another

Case brief

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Smt. B.Vishwa Sree v. Y.Sravanthi and Another

Case brief

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