Disposed

Smt. v.Vijayakumari v. The State of Telangana

Telangana HC24 Jan 2023CRLP/10861/2022

Case brief

AI extract

What is this about?

In a criminal petition under Section 482 Cr.P.C. seeking quashing of Domestic Violence proceedings, the High Court refused to quash the case as disputes were not substantial enough to warrant quashing. The court dispensed with petitioner attendance provided they filed an affidavit.

What did the court decide?

Cr.P. disposed of; attendance of petitioners dispensed with in DV case subject to affidavit.

Smt. v.Vijayakumari Vs The State of Telangana — Public Procurement and Tenders | Telangana HC (2023)

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|^32s1 1

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO: 10861 OF 2022

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Between:

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Smt. V.Vijayakumari, W/o Late M.Raja Shekar, Aged about. 62 years, Occ. Housewife, R:/o. Flat No. 301, Noah's Arc Apartment, East Marredpally, Secunderabad.

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Smt. Katavarapu Kavitha Madhuri @ Murahari Kavitha Madhuri, W/o. Katavarapu Harish, aged.38 years, Occ. Housewife, Rl/o. H.No. 10-3-47, East Marredpally, Secunderabad.

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Murahari Raja Kishan, S/o. Late M.Rajashekar, Aged. 37 years, occ. Doctor, Fi/o. Flat No. 301, Noah's Arc Apartment, East Marredpally, Secunderabad.

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Katavarapu Harish, S/o. K.Prabhakar, Aged. 41 years, occ. Employee, Rl/o. H'No 10-3-47' East Maredpall"

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:-TE?ifBl,tt*s/RESpoNDENT No.2 ro 5

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AND

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The State of Telangana, Rep by its Public Prosecutor, High Court for the state of relangana' Hyderabad

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...RES'.NDENT/ RES'.NDENT

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Smt. Murahari Kalyani @ Kalabandi Kalyani, Wo Murahari Raja Kiran D/o.Kalabandi Sundaraiah aged about 32 years, Occ. Housewife, R/o SRT No. 61 9/A, Sanathnagar, Hyderabad.

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...RESPONDENT/PETITIONER

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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 quash the proceedings in DVC No 5712021 on the file of Xll Additional Metropolitan Magistrate at Kukatpally and^pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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l.A. NO: 1OF 2022

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Petition under section⁴⁸² of^{cr.P.cpraying that in the circumstances} stated in the Memorandum^{of Groundsof criminalPetition,the High courtmay be} pleasedtodispenseWiththefilingcertifiedcopyofcomplaintinDVCNo.5Tl202,1 on the file of Xl^{Additional Metropolitan Magistrate at Kukatpally in crl.P.No'10861} of 2O22

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l.A. NO: 2 OF 2022

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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 grant interim stay of all further proceedings in DVC No.57i202'1 on the file of Xl Additional Metropolitan Magistrate at Kukatpally, including the personal appearance of the Petitioners, pending disposal of the Crl.P., and pass such other order/s as this Hon'ble Court may deem fit and proper in the circumstances of the CASC,

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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 T.CHAITANYA KUfvlAR, Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana 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 HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No. 1O86L OF 2022

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ORDER:

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This Crimina-l Petition is filed under Section 482 of rhe Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by rhe petitionersrespondents 2 to 5 to quash the proceedings against them in DVC No.57 of 2O2i pending on the file of XII Additional Metropolitan Magistrate at Kukatpally. The offences alleged against them are under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short'Act, 2005')

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

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A perusal of record would reveal that, the marriage of 2"d respondent with respondent^{No.1 in DVC case, was performed on} 27.12.2018. Thereafter^{matrimonial disputes arosebet'veen} them. The^{1st petitioner is the mother-in-law, 2nd petitioner is the} sister-in-law,^{3ra petitioneris the youngerbrother-in-law and4Ih} petitioner^{is the husbandof sistcr-in-law'}

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4.ThisCourqiSnotinclinedtoquashtheprocecdingsinDVC No.57^{of 2021 pendingon the file of XII AdditionalMetropolitan}

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Magislrate at Kukatpally, against the^{petitionersherein.Hourever,} in matrimonial disputes the identificaticn of^{partiesrs not ln} d ispu te.

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In vieu' of the above reasons, the attendance of the petitioners herein - Respondents 2 to.5 is dispensed with in DVC No.57 ol 2O2 I pcnding on the file ol XII Additional Metropolitan Magistrate at [(ukatpa-11y, u,,hen represented by their counsel on record. The attendance of the petitioners is dispensed subject to filing an affidavit b_v the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in an5, manner and also they shall not dispute their identitv. Hos,ever. the petitioners shall appear before the iearned Magistrate as and nhen their presence is required. In the event of the petitioners fzrilure to appear when the court directs, this order dispensing their attendance u,ould stand cancelled.

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Accordingll., the Criminal petition is disposed off. Needless to sa)', in the event ol the petitioners filing an application under Section 239 of Cr.p.C. seeking discharge, the concerned Court shall dispose it off on merits in view of the judgment rendered by

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the Hon'ble Supreme Court in case of Bhushq.n Kumar and ,l

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another vs. Stqte (NCT of Delhi) and anotherr.

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Miscellaneous applications pending, if any, shall stand

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closed.

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'⁽²⁰¹²⁾ 5 SCC 424

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Sd/-K.AM[/lAJI ASSISTANT REGISTRAR //TRUE COPYII C#

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SECTION OFFICER

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The Xl Additional Metrooolitan Magistrate, at Kukatpally. 2. The Station House Offiier, p.S.. Sinrtlri;;;''" I 9nu^{CC to Srir.Chaitanya Kfir;,} d;;;iJ'iopuct 4. Two CCs to the public piosecutor, High Corriio. th'" State of Telangana at Hyderabad (OUT) 5. Two CD Copies

HIGH^COURT

DAIED:2410112023

ORDER

CRLP.No.10861^{ot 2022}

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