THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.1404 OF 2023

ORDER:

The present Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner/respondent, seeking to quash and set-aside the impugned order dated 02.02.2023 passed in D.V.C.Crl.Appeal.No.332 of 2022 on the file of V Additional Metropolitan Sessions Judge, Nampally Court, Hyderabad.

2. Heard learned counsel representing petitioner, Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State and Mr.N.Jeevan Kumar, learned counsel representing respondent No.2.

Perused the record.

3. The brief facts of the case are that the petitioner herein has filed D.V.C.No.395 of 2022 against her husband and son/respondent No.2 herein seeking several reliefs under the provisions of Domestic Violence Act. Along with her main DVC, she got filed Crl.M.P.No.397 of 2022 seeking interim reliefs such as grant of Residence Order in the shared household by removing respondents/husband and son and further, to grant Protection Order restraining the respondents and their men from committing Domestic Violence against her. The learned trial court vide its order dated 02-12-2022 in Crl.M.P.No.397 of 2022 in D.V.C.No.395 of 2022 directed the respondents therein/husband and son to remove from the subject house bearing door No.8-2-293/82/HH/82, Plot No.82, MLA Colony, Road No.12, Banjara Hills, along with their guns and other dangerous weapons and further, restrained them from committing any acts of Domestic Violence against the petitioner therein, the result portion of the order of the trial Court reads as:

"In the result the petition is allowed in part and the following reliefs granted in favour of the petitioner.

The respondent nos.1 and 2 his men and his agents be and hereby are restrained from committing any acts of domestic violence against the petitioner and her persons who help her, by way of granting protection orders.

The Respondent No.1 and 2 are hereby directed to remove the house from the shared household along with their guns and other dangerous weapons which are held with them viz. 8-2-293/82/HH/82 Plot No.82, MLA Colony, Huda Heights, Road No.12, Banjara Hills, Hyderabad- 500034, Telangana (which is obtained by the petitioner from her father as a Stridhan) by granting residence order.

The Protection Officer is hereby directed to implement the above said orders forthwith by taking assistance of the concern P.S which is having jurisdiction without any delay and report compliance to the court as early as possible.

4. Challenging the above order of the trial court, the Crl.A.No.327 of 2022 was filed by respondent No.1/husband and Crl.A.No.332 of 2022 was filed by respondent No.2/son. Further, respondent No.1 therein/husband filed Crl.M.P.No.840 of 2022 seeking suspension of the order dated 02-12-2022 in Crl.M.P.No.397 of 2022 in D.V.C.No.395 of 2022 before the appellate Court.

5. After appreciating the oral and documentary evidence on record, the learned appellate Court allowed the Criminal Appeals Nos. 327 of 2022 and 332 of 2022 by setting aside the order dated 02.12.2022 passed by the trial court in Crl.M.P.No.397 of 2022 in DVC 395 of 2022. Assailing the same, the present Criminal Petition.

6. Learned counsel representing petitioner submits that respondent No.1 is the State of Telengana and the respondent No.2 is the son of the petitioner herein. Learned counsel further submits that the petitioner got married to one Dr.Mazharuddin Ali Khan on 26.12.1993 in Hyderabad as per the Sharia law and the said marriage was registered with the Registrar of Marriages on 01.07.1994 and two children were born out of the said wedlock viz. Dr.Abid Khan, who is respondent No.2 herein and a daughter viz. Dr.Zaina Ali Khan, who is married and is now settled in the United States of America. Learned counsel further submits that the petitioner is permanent resident of House bearing No.8-2-293/82/HH/82, Plot No.82, MLA Colony, Huda Heights, Road No.12, Banjara Hi