Telangana High Court
Md. Ahmed Pasha vs The State Of Telangana on 29 January, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.822 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by the petitioners/respondent Nos.1 to 8 to quash the proceedings against them in D.V.C.No.16 of 2024 pending on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Nagarkurnool.
2. Heard Mr. Khaja Moinuddin, learned counsel for petitioners, and Ms. S. Madhavi, learned Assistant Public Prosecutor for the respondent - State. Perused the material on record.
3. Learned counsel for petitioners submits that petitioners have been implicated in a false case and complaint is lodged under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the DVC Act, 2005') to harass them. Petitioner No.2 is the mother-in-law and petitioner Nos.3 to 6 are sister(s)-in-law and brother(s)-in-law and petitioner Nos.7 and 8 are relatives of petitioner No.1. It is 2 JAK, J CRLP_822_2025 submitted that the allegations made with regard to additional dowry and all other allegations are false.
4. In the light of the judgment in Gaddameedi Nagamani v. State of Telangana , a petition to quash the proceedings 1 in Domestic Violence Case is not maintainable, as Section 29 of the DVC Act, 2005 provides an efficacious remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C. The petitioners are at liberty to avail the said remedy.
5. Perused the record, considered the submissions.
6. Allegations are that petitioner No.1 was instigated by petitioner Nos.2 to 8 for additional dowry and physically and mentally harassed respondent No.2 (respondent No.3 is minor child) stating that she is not glamorous. That petitioner Nos.3 to 5 instigated petitioner No.1 to harass respondent No.2 on the ground that parents of respondent No.2 performed black magic on him and respondent No.2 was beaten by petitioner Nos.1 and 2. It is also alleged that if additional dowry amount is not paid, they would perform second marriage. 1 2015 (2) ALD (CRL.) 764 3 JAK, J CRLP_822_2025 That on 27.03.2024, petitioners severely bet her and necked her out. That counselling was held in the month of March, 2024. These are the allegations which are levelled in the D.V.C. petition.
7. Having considered the submissions and the entire factual matrix of the case, this Court is of the view that appearance of petitioner Nos.2 to 8 herein (who are respondent Nos.2 to 8 in D.V.C.No.16 of 2014 pending on the file of the Principal Junior Civil Judge-cum-JMFC at Nagarkurnool), can be dispensed with and is hereby dispensed.
8. Learned counsel for petitioners has submitted that petitioner Nos.2 to 8 shall present themselves when summoned by the Court, if their presence is required by the Court.
9. It is made clear that petitioner Nos.2 to 8 shall present themselves when summoned by the Court, if their presence is required by the Court. Petitioner Nos.2 to 8 shall file affidavit(s) that they will not dispute their identity and that the proceedings can go on in their absence, to be conducted 4 JAK, J CRLP_822_2025 by their counsel(s). Learned counsel(s) for petitioner Nos.2 to 8 shall represent before the trial Court without fail on all dates. Petitioner Nos.2 to 8 shall not dispute the proceedings conducted in their absence. This order shall stand vacated automatically, if petitioners fail to attend the proceedings as and when summoned and also when the counsel(s) representing petitioner Nos.2 to 8 fail to attend Court proceedings on the dates. Any observations made in this order shall not influence the Court below while considering or concluding the case at the time of trial.
10. Accordingly, this Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________ ANIL KUMAR JUKANTI, J Date: 29.01.2025 Kgk 5 JAK, J CRLP_822_2025 85 THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.822 OF 2025 Date: 29.01.2025 Kgk 6 JAK, J CRLP_822_2025