CHILLAKUR SUMALATHA
P. Parvathi – Appellant
Versus
Pathloth Mangamma – Respondent
ORDER :
1. Submissions made by the learned counsel for petitioners as well as the learned Assistant Public Prosecutor have received the due consideration of the Court.
2. Seeking the Court to quash the proceedings that are pending against the petitioners/respondent Nos. 2 to 5 in D.V.C. No. 88 of 2022 that is pending on the file of the Court of IX Additional Metropolitan Magistrate, Kukatpally, the present Criminal Petition is filed.
3. Sans unnecessary details, respondent No. 1 gave a report to the Protection Officer that she was subjected to domestic violence by her husband and other family members and therefore, she is in requirement of protection from the said domestic violence and further, she requires financial assistance. The Protection Officer thereafter submitted a domestic incident report. Consequently, proceedings against the husband of respondent No. 1 and the petitioners who are arrayed as respondent Nos.2 to 5 commenced.
4. During the course of hearing, the main grievance exhibited by the learned counsel for the petitioners is that the Court is insisting the physical attendance of the petitioners for each and every adjournment of the said Domestic Violence Case and theref
Proceedings under the Protection of Women from Domestic Violence Act are quasi-criminal, thus maintainable; quashing petitions at this stage is inappropriate when prima-facie allegations exist.
A petition to quash proceedings in a Domestic Violence Case is not maintainable when an alternative remedy exists under the Protection of Women from Domestic Violence Act, 2005.
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