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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA, J.
Afzal Banu – Petitioner
Versus
The State of Telangana – Respondent
Criminal Petition No. 7746 of 2024
Decided On : 15-07-2024
CRIMINAL PETITION - DOMESTIC VIOLENCE - The court held that a petition to quash proceedings in a Domestic Violence Case is not maintainable under Section 482 of the Cr.P.C. due to the availability of an efficacious remedy under Section 29 of the Protection of Women from Domestic Violence Act, 2005, which allows for an appeal against the cognizance taken by the lower court. The court emphasized the importance of utilizing the alternative remedy provided by the statute.
Fact of the Case:
The petitioners filed a Criminal Petition under Section 482 of the Cr.P.C. to quash the proceedings against them in a Domestic Violence Case pending in the lower court.
Finding of the Court:
The court found that the petition to quash was not maintainable as there exists an alternative remedy under the Protection of Women from Domestic Violence Act, 2005, allowing for an appeal against the lower court's actions.
Issues: Whether a petition to quash proceedings in a Domestic Violence Case is maintainable under Section 482 of the Cr.P.C. when an alternative remedy is available under the Protection of Women from Domestic Violence Act, 2005.
Ratio Decidendi: The court relied on the precedent set in Gaddameedi Nagamani v. State of Telangana, establishing that the existence of an alternative remedy precludes the maintainability of a quashing petition under Section 482 of the Cr.P.C.
Result: The Criminal Petition was disposed of, allowing the petitioners to pursue the alternative remedy while dispensing with their appearance in the lower court except when required.
ORDER :
1. 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. 21 of 2024 pending on the file of Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri District.
2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for respondent No. 1-State. Perused the record.
3. In the light of the judgment in Gaddameedi Nagamani v. State of Telangana, 2015 (2) ALD (Crl.) 764 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.
4. In view of the above, the petitioners are at liberty to avail the said alternative remedy.
5. However, in view of the request made by the learned counsel for the petitioners, the appearance of the petitioner Nos.1 to 3 herein/respondent Nos.2 to 4 in D.V.C. No. 21 of 2024 pending on the file of Principal Junior Civil Judge-cyn-Metropolitan Magistrate, Medchal-Malkajgiri District, is dispensed with, except on the dates whenever their presence is required by the trial Court, and they shall be represented by their counsel on every date of hearing and in case of default, this order gets vacated automatically.
6. Accordingly, the Criminal Petition is disposed of.
7. Miscellaneous Applications, if any pending, shall also stand closed.
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