The Single Judge held that a quashing petition under Section 528 BNSS in a Domestic Violence case is not maintainable since an appeal lies. However, appearances were dispensed with pending trial.
Criminal Petition for quashment dismissed; appearance of petitioners in the trial court dispensed with pending trial.
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.
[3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY,THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION NO: 10441 OF 2024
Between:
...Petitioners
AND
R-3 and R-4 being minors represented their lvlother A. Vijithai.e. Respondent No.2 and All aie R/o H.No. 2-24-108/1/B, Uppal lndustrialArea, Uppal Mandal, [/ledchal-tvlalkajgiri Dist.
...Respondents
Petition under Section 528 of BNSSpraying that inthe circumstances stated in the Memorandum of Grounds of CriminalPetition,the HighCourt may be pleased to quash theproceedings in D.V.C. No-52 of 2023on the file of ll Additional Junior Civil Judge - cum-Vl Addl.ttiltVl, Medchal-MalkajgiriDist. at L.B. Nagar U/s'12 of DVC Act against the Petitioners/RespondentsNos.2 to 5.
l.A. NO: 1 OF 20 24
Petition under Section 528 of BNSS prayrng that in tht.. circumstances stated in the lVlemorandum of Grounds of criminal petition, the High court may be pleased to stay all further proceedings in D.V.c. No. 52 of 2024 in the file of Il Additional Junior civil Judge - cum-Vl Addl, It/M, Medchal-Malka. giri Dist. at L.B. Nagar including appearance of the petitioners pending oispoiit of the main Criminal Petition in the interest of justice.
This Petition coming on for hearing, upon perusing the r,4emorandum of Grounds of criminal Petition and upon hearing the arguments of {lri s. prabhakar Reddy, Advocate for the Petitioner and Sri Arun Kumar Doddla, hdditional publrc Prosecutor on behalf of the Respondent No. 1 and none aprpeared for the Respondent No. 2
The Court made the following: ORDER
I t
THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1O44lof 2O24
ORDER
This Crimindl Petition isfrled underSection528 of the Bharatiya Nagarik Suraksha Sanhita(for short'BNSSJ by the petitionersto quash the proceedings against them in D.V.C.No.52of 2023 pending on the file of the learned II Additional JuniorCiviiJudge-Cum-VlAdditionalMetropolitan Magistrate, Medchal-Ma-lkajgiriDistrictat L.B.Nagar.
'zo rs 121ALD (cRL.) 764
2
l .
I I I ri
l i I I i I
Civil Judge-Cum-Vl Additional Metropolitan Magistrate, Medchal-Malkajgiri District at L.B.Nagar, is dispensed with, except on the dates u'henever their presence is required by the trial Court, and they shall be r<:presented by their counsel on every date of hearing and in case of default, this order gets vacated automatically,
Miscellaneous applications, if any pending, shall also stand closed
Sd/. V. KAVITHA ASSISTANT REGISTRAR t
//TRUE COPY//
SECTION OFFICER
To,
NJB/ghw
!
HIGH COURT
DATED:06/09/2024
ORDER
n I t{t S l'..
"F
ir
o
I ::,
I i' N[li zul
t
!- ../
,. a ,./'
'-:-. - ' ' ,- t'rt,r.').
CRLP.No.10441 of 2024
DISPOSING OF THE CRIMINAL PETITION
+cgPlt&
\O,.
t4[du
2 issues framed by the court
Whether the High Court should quash proceedings under the Domestic Violence Act, 2005.
Whether alternative remedy under Section 29 of the Protection of Women from Domestic Violence Act is available.
Colour shows how this judgement treated each authority
Gaddameedi Nagamalli v. State of TelanganaDistinguished¶30
Gaddameedi Nagamalli v. State of Telangana
2 provisions across 2 enactments
Alugubelli Sarojana
Alugubelli Venkat Reddy
Alugubelli Sanjeeva Reddy
Alugubelli Uvounika
The State of Telangana
K. SUJANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
