Partly allowed

V. Sujatha v. The State of Telangana

Telangana HC8 Jan 2024CRLP/220/2024

Case brief

AI extract

What is this about?

Held that quashing a Domestic Violence case is not maintainable due to Section 29's appeal remedy. However, the appearance of petitioners (respondents) in the case below is dispensed with.

What did the court decide?

Appearance of the petitioners/respondents in D.V.C.No.87 of 2023 dispensed with except when presence is absolutely required, to be represented by counsel. Criminal Petition disposed of.

V. Sujatha Vs The State of Telangana — Domestic Violence | Telangana HC (2024)

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[³²¹⁹ ]

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IN THE HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD

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MONDAY, THE EIGHTH DAY^{OF JANUARY} TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE^{T.MADHAVI DEVI}

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CRIMINA L PETITION NO:^{220OF 2024}

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Between:

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V. Sujatha, Wo. V. Naga Prasad,^{Age 54 Years, Occ . Housewife}

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V. Naga Prasad S/o. V. Venkateshwarlu,^{Age . 58 Years' Occ Business}

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Hari Sumalh, S/o. V. Naga Prasad,^{Age.29 Years, Occ - Business'}

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(All are R/o DNO.4-16-165, Bharathpet 1st^{Lane, Amaravathi Road,Guntur,} Andhrapradesh State).

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...PETITIONERS/RESPONDENT^{Nos.2,3 & 4}

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AND

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'1 . The State of Telangana, represented by The Public Prosecutor, High Court of Telangana., Hyderabad

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2 Smt. Uppu Lakshmi Madhavi, D/o.^{Uppa Swamy Rangaiah.,Age} 30 Years, Occ. Pvt employee, R/o. H.No.^{1-11416,Sattaiah Street,} Kondapur, Serilingampally, RR District

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...RESPONDENT/COMPLAINANTS

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Petition under section 482 of^{Cr.P .C praying that in the circumstances} stated in the Memorandum of Grounds^{of criminalPetltion,the High court may} be pleased to dispense with the^{appearanceof the Petitioners/RespondentNo.} 2,3 and 4 in DVC No. 87 OF 2023^{On the file of X AdditionalMetropolitan} Magistrate, RR District At Kukatpally^{as it is illegal, arbitrary,unjustand do not} attract the ingredients of alleged^sections

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l.A. NO: 2OF 2024

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Petition under section 482 of Ct.P^{.C praying that in the circumstances} stated in the Memorandum of Grounds^{of criminalPetition,the High court may} be pleased to grant Stay of all further^{proceedtngsincluding appearanceof the} petitioners/Respondent^-Nlos.2, 3 and4 in DVC No. 87 OF 2023 On the file of^X Additional Metropolitan Magistrate,^{RR District At Kukatpally.}

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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 tt/I. AMARNATH, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.

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The Court made the following: ORDER

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I I

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HONOURABLE SMT JUSTICE T. MADHAVI^DEVI

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CRIMINAL PETITION No.220 OF 2024

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the^petitioners/ respondent Nos.2 to 4 to quash the proceedings against them in D.V.C. No.87 of 2023 pending on the file of the X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally.

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Heard leamed counsel for the petitioners and the learned Assistant Public Prosecutor for respondent No. I-State and perused the record.

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In the light of the^judgment in Gaddameedi Nagamani Vs. State of Telangonar, a petition to quash the proceedings in Domestic Violence Case is not maintainable, as Section 29 of the Protection of Women from Domestic Violence Act, 2005, affords an efficacious remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C.

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'^{20 r5 (2) ALD (cRl..)764}

Crl.P.No.220 ol-2024

TN4D. J

In view of the above, the petitioners are at liberty to avail the said remedy.

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However, in view of the request made by the leamed counsel for the petitioners, the appearance of the petitioners/respondent Nos.2 to 4 in D.V.C.No.81 of 2023 pending on the file of the X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, ls dispensed with, except that on the dates whenever their presence is required by the trial Court, and they shall be represented by their counsel.

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Accordingly, the Criminal Petition is disposed of.

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Pending miscellaneous petitions, if any, in this Criminal Petition

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shall stand closed.

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Sd/- N. SRIHARI ASStsrANr REGISTRAR

//TRUE COPY//

SECTION OFFICER

SECTION OFFICER To, 1. The X Additional Metropolitan Magistrate, RR District At Kukatpally 2. rwo ccs to the puurii proiecuio'i,'ii;sil i;;;;; tii.i'si;i;'5f i"ransana at Hyderabad. IOUTI

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One CC to SRt. Vi nUnRruRfH Advocate topuc] 4. Two CD Copies VH/sp

HIGH COURT

DATED: 0810112024

ORDER

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CRLP.No.220 of 2024

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DISPOSING OF THE CRIMINAL PETITION

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{tA'h"rV

V. Sujatha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

V. Sujatha v. The State of Telangana

Case brief

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What did the court decide?

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