Bannapuram Muthyalamma vs State Of Telangana

This application is filed under Section 482 Cr.P.C., seeking to quash the proceedings against the petitioners in D.V.C.No.282 of 2021 pending on the file of IV Metropolitan Magistrate, Hyderabad.

A perusal of the record would reveal that the 2nd respondent herein filed application under Section 12 of Protection of Women from Domestic Violence Act, 2005 vide D.V.C.No.282 of 2021. The petitioners herein are Respondent Nos.2 to 4 in the above DVC and they are the aged parents and sister of 1st respondent/ husband in the DVC.

Learned counsel for petitioners would submit that the 2nd

respondent in the application filed under Section 12 of the Act, no specific allegation was made against petitioners 2 to 4 herein and she did not even seek any specific relief against them.

In this regard, it is apt to refer to the decision rendered by a learned Single Judge of High Court of Judicature for the States of Telangana and Andhra Pradesh in Giduthuri Kesari Kumar v. State of Telangana 2015 (2) ALD (Crl.) 470 AP, wherein it was held as under:

"14) To sum up the findings:

i) Since the remedies under D.V.Act are civil remedies, the Magistrate in view of his powers under Section 28(2) of D.V Act shall issue notice to the parties for their first appearance and shall not insist for the attendance of the parties for every hearing and in case of non-appearance of the parties despite receiving notices, can conduct enquiry and pass exparte order with the material available. It is only in the exceptional cases where the Magistrate feels that the circumstance require that the he can insist the presence of the parties even by adopting coercive measures.

ii) In view of the remedies which are in civil nature and enquiry is not a trial of criminal case, the quash petitions under Sec.482 Cr.P.C. on the plea that the petitioners are unnecessarily arrayed as parties are not maintainable. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V. case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court."

In view of the above discussion and the observations made by the learned Single Judge in the aforesaid decision, the present Criminal Petition is disposed of, dispensing with the personal appearance of petitioners herein in D.V.C. No.282 of 2021 pending on the file of IV Metropolitan Magistrate, Hyderabad and the proceedings against Respondent No.1/husband in the DVC may go on. The learned Magistrate is further directed to dispose of the DVC as expediotusly as possible. Miscellaneous petitions pending, if any, shall stand closed.