The attendance of accused in domestic violence cases can be dispensed with subject to certain conditions, such as filing of affidavits and appearance when required by the court.

Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - DOMESTIC VIOLENCE CASE - ATTENDANCE OF ACCUSED - DISPENSED WITH - CONDITIONS
Fact of the Case:

The petitioners, accused in a domestic violence case, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings against them. The petitioners contended that they were all residing in different places in Karnataka and that they were bank employees or old aged persons. They requested that their personal appearance be dispensed with.
Finding of the Court:

The court noted that in the case of Giduthuri Kesari Kumar and others vs. State of Telangana and another, it was held that in view of the reliefs sought in the D.V. Cases being civil in nature, the parties need not appear on each adjournment and the concerned Court shall not insist for the personal appearance of the parties on each adjournment.
Issues: Whether the attendance of the petitioners in the domestic violence case could be dispensed with.
Ratio Decidendi: The court held that in view of the judgment in Giduthuri Kesari Kumar and others vs. State of Telangana and another, the attendance of the petitioners could be dispensed with subject to certain conditions. The petitioners were required to file affidavits stating that in their absence the proceedings conducted by their counsel would not be disputed by them in any manner and also that they would not dispute their identity. However, the petitioners were required to appear before the learned Magistrate as and when their presence was required.
Final Decision: The court disposed of the criminal petition and directed that in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it off on merits in view of the judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and another within a period of four (04) weeks.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1198'l OF 2022 Between:

1. Manjunath, S/o, G.Nagendra swamy, Aged 35 years, Occ: Bank Employee.

R/o. SBI Regional Office, LB Road, Raichur, Karnataka state.

2. Nagendra Swamy, S/o. Narsappa, Aged 60 years, Occ: Bank Employee, Rl/ o.

SBI Regional Office, LB Road, Raichur, Karnataka state.

3. Smt.Vara Laxmi, Wo. Nagendra Swamy, Aged 55 years, Occ: Bank Employee, R/o. SBI Regional Office, LB Road, Raichur, Karnataka state.

4. Shilpar Wio Ravi Kumar, Aged 37 years, Occ. Bank Employee,R/o.

H.No.80/8, Malla Prabha Nagar, Waddegam, Belgum, Karnataka Stat6 .PETITIONERS/RESPONDENTS NO.1 to 4 in DVC AND

1. The State of Telangana, Represented by the Public Prosecutor, High Court at Hyderabad.

2. S.Anusha @ Lahari, Wo. Manjunath, Aged 24 years, Occ. Housewife, R/o.

H.No.6-4-1 12, Hanumanpura, Mahabubnagar Town and District ...RESPONDENTS 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 Quash the proceedings in D.V.C. No. 20 of 2022 on the file of the Judicial Magistrate of First Class at Mahabubnagar.

l.A. NO: 2OF 2022 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 Stay all further the proceedings in D.V.C. No.20 of 2020, pending on the file of in the Judicial Magjstrate of First Class (Domestic Viotence Act, 2005), at Mahabubnagar, pending disposal of the main Criminal Petition.

This Petiti )n coming on for hearing, upon perusing tl-re lvlemorandum of Grounds of Cri ninal Petition and upon hearing the a'eumernts of Sri K. KRISHNAVENI, Advocate for the Petitioner and of tl'e: Additional Public Prosecutor (TG) rn behalf of the Respondent No.1 Ttre Court made lhe following: ORDER Crl.Petition No.11981 of 2022 THE HONOURABLE SRI ]USTICE K.SURENDER

1 CRIMINAL PETITION No.119810F 2022 ORDER:

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.1 to 4 to quash the proceedings against them in D.V.C.No.20 of 2020 pending on the file of ludicial Magistrate of I Class at Mahabubnagar.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. perused the record.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners - Accused Nos.1 to 4 as Accused Nos.1 and 4 are bank employees and Accused Nos.2 and 3 are old aged persons and they all are residing in different places at Karnataka.

This Court in Giduthuri Kesari Kumar and others vs. State of Telangana and anothe/ held that, in view of the reliefs sought in

I (.rinrinal Pctition No 16576 of2O14

Crl.Pet ti(:n N(,.11981 of 2022 the D.V. Cas.: are civil in nature, the parties need not appear on each adjourn nent and the concerned Court shall ntt insist for the personal app(arance of the parties on each adjournrnent. Needless to say, application under Section 3L7 of Cr.p.C. al:n need not be filed.

In view of the aforesaid judgment, this Court is inclined to dispense with the attendance of the petitioners - re:;pondent Nos.1 to 4 in D.V.C.l o.20 of 2020 pending on the file of Jucicial Magistrate of I Class at llahabubnagar, when represented by their ccunsel on record. The atendance of the petitioners is dispenstd with subject to filing affid:vits by them stating that in their absence the proceedings ccnducted by their counsel will not be disputecl by them in any mannt r and also they shall not dispute their identity. However, the l,etitioners shall appear before the learrred Magistrate as and when their presence is required. In the event of the petitioners fai|rre to appear when the Court directs,, this orde

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