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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDEABAD WEDNESDAY,THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 5856 OF 2022 Between:
1. Kunchala Ramanamma, W/o. K. Srinivas, Age. 50 years, Occ. House wife, R/o. H. No. 2-1-22154, Sai Prashanthnagar, Near Srj Venkata Sai Vidyanlkethan, Shamshiguda, Kukatpally, Ivledchal lvlalkajgiri District.
(Mother-in-law of 2nd respondent)
2. Kunchala Srinivas, S/o. Chinna Venkateshwarlu, Age. 55 years, Occ.
Business, R/o. H. No. 2-1-22154, Sal Prashanthnagar, Near Sri Venkata Sai Vidyanikethan, Shamshiguda, Kukatpally, I\4edchal lvlalkajgiri District. (Father-
in-law of 2nd respondent)
3, Bhursu Hymavathi, Wio. Krishna, Age.30 years, Occ. Housewife, Rl/o. H. No.
1-62lA, NTR BC Colony, Pallamally village, Chimarkurthy IVandal, Prakasham District, Andhrapradesh State. (Sister-in-law of 2nd respondent)
...PETITIONERS/ACCUSED No.2 to 4 AND .
1 The State of Telangana, Rep., by Public Prosecutor, High Court For the State of Telangana, At Hyderabad.
2. T. Bhagya Laxmi, W/o. Kuncharla Srikanth, D/o. T. Srinivas, Age.27 years, Occ. Housewife, R/o. H.No. 40, MIG Colony of Ramaiahguda, Vikarabad District.
Municipality, Vikarabad ...RESPONDENT S Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to and connected with DVC No. 10 of 2021 on the of Honble Principal Judicial First Class [r,4agistrate, Rangareddy District At. Vikarabad and quash the same.
l.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the l\.4emorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings including the dispense with appearance of / the petitioners in connection with DVC No. 10 of 2021 on the of Hon'ble Principal . Judicial First Class Magistrate, Vikarabad District At. Vikarabad .
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri LAXMAIAH KANCHANI ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2 The Court made the following: ORDER {ON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.5B56 of 2022 '
ORDER:
Seeking to quash the proceedings that are pending against the petitioners who are arrayed as respondent Nos.2 to 4 in DVC.No.lO of 2027 that is pending on the fiIe of the Court of Principal Judicial Magistrate of First Class, Ranga Reddy District, the present Criminal Petition is filed.
2.
Heard the submission of the learned counsel for the petitioners. Learned Assistant Public Prosecutor waives notice for respondent No. 1. Having regard to the limited question involved, issuance of notice to respon{ent No.2 is not felt necessary.
3. Learned counsel for the petitioners submits that petitioner No.1 is the mother-in-1aw, petitioner No.2 is the father-in-1au,, petitioner No.3 is the sister-in-law of respondent No.2 and they have no connection with the affairs of the alleged aggrieved person and her husband and therefore, filing of a complaint against them by the alleged aggrieved person is bad in lau,.
tr.csL r , CrtPNo.sS56 oJ 2obi
4.
AII applications under the protection of Women from Domestic Violence Act, 2005 are required to be liled under Section 12 thereof_ The orders that would be normally sought for would be under Sections
18 to 22of the said Act and all the orders that would be gra,ted under Section
18 to 22 of the said Act are ordinarily civil in nature.
The application under Section 4g2 Cr.p.C.
seeking to quash the proceedings would norma-lly be filed to quash the criminal proceedings.
However, there is no absolute bar for the parties to the domestic vioience cases to file application invoking Section 4g2 Cr.p.C. where there is absolute abuse of process of law.
However, only on the ground that the trial Court is insisting for personal appea-rance of the respondents in those cases, fiiing of application under Section 4g2 Cr.p.C. for quashing the proceedings in the domestic violence cases is undesirable.
Therefore, this Court is of the view that the present Criminal petition lacks merits.
5 Resultantly, the Criminal petition is dismissed.
However, it is made clear that the Court concerned i.e..
D/.CSL, J CrlPNo.5856 of 2022 Principai Judicial Magistrate of First Class, Ranga Reddy District sha-ll not insist upon the personal appearance of the petitioners who are arrayed as respondent Nos.2 to 4 in DVC.No.1O of 2027 that is pending on the Iile of the said Court.
6. As a sequel, pending miscellaleous applications, if any, sha1l stand closed.
SD/.L.LAKSHMI BABU ASSISTAN.LREGISTRAR COPY// Q9 ,TRUE SECTION OFFICER To iIrn" prin"iput Judiciat First class l,4agistrate , Ranga Reddy District at Vikarabad.
+S;'66;" Public Prosecutor, High Courl at Hvderabad for the State of Telangana
2.
SX:B.," sRl. LAXMAIAH KANCHANI Advocate [oPUC]
3 .
4( Two CD CoPies .
One SPare CoPY bs HIGH COURT DATED:0610712022
6t sl A;('
./z ,.i :, a () 21 JUL 2[?2 (l )lr :'-q
5 Pa.-i ORDER CRLP.No.5856 o12022 DISMISSING THE CRL.PETITION.
