Andhra Pradesh High Court - Amravati
Bobbili Chandra Sekhar Reddy vs The State Of Andhra Pradesh on 4 October, 2023
Author: K. Sreenivasa Reddy
Bench: K. Sreenivasa Reddy
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.7553 of 2023
Order:
This Criminal Petition, under Section 482 of the Code of Criminal
Procedure, 1973 (for short, „CrPC‟), is filed by the petitioners herein, to
quash the proceedings in DVC No.4 of 2022 on the file of the learned
Additional Junior Civil Judge, Mangalagiri, initiated against them by
2nd respondent herein under the provisions of the Protection of Women
from Domestic Violence Act, 2005 (for short, „the DVC Act, 2005‟).
2. Today, when the matter came up for admission, it is
represented by the learned counsel for the petitioners and acceded to,
by the learned Assistant Public Prosecutor that the subject matter of
this Criminal Petition is squarely covered by the common order passed
by this Court in Criminal Petition No.599 of 2023 and batch, dated
16.03.2023, wherein this Court held thus.
"13. In view of the aforesaid reasons stated
supra, it can be inferred that since the proceedings
under the DVC Act, 2005 are civil in nature, the
provisions of CrPC may not apply, is too general and
vague. Instances would arise where an aggrieved
person also would have to seek the relief in respect of
all the petitions filed before the jurisdictional
Magistrate, and the option left to her would only be by
way of initiating proceedings under Section 482 CrPC
with certain self-imposed restrictions. In view of the
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principle laid down in Nandkishior Pralhad Vyawahare
v. Mangala case (3 supra), this Court is of the opinion
that inherent power of the High Court can be invoked
subject to self-imposed restrictions, including
availability of an efficacious alternative remedy under
Section 29 of the DVC Act, 2005, so as to adhere to
redressal of their grievances arising out of the orders
passed in a proceedings under Sections 12, 18, 19,
20, 21, 22 and 23 and offences under Section 31 of
the DVC Act, 2005.
14. The present Criminal Petitions are filed
seeking to quash the proceedings initiated against the
petitioners under the provisions of the DVC Act, 2005.
Though various contentions have been raised in the
petitions, the only grievance of the petitioners is that
their presence may be dispensed with, in the
proceedings before the Court below. Having
considered the submissions of the learned counsel,
this Court dispenses with the presence of the
petitioners, who are relatives of husband, except
husband, before the Court below, except on those
occasions when the learned Magistrate feels that their
presence is necessary.
15. With the aforesaid observations and
directions, the Criminal Petitions are disposed of.
Miscellaneous petitions, if any pending, in the Criminal
Petitions, shall stand closed."
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3. Hence, following the said order passed by this Court in Criminal
Petition No.599 of 2023 and batch, dated 16.03.2023 and for the
reasons mentioned therein, this Criminal Petition is disposed of
dispensing with the presence of the petitioners herein only before the
Court below, except on those occasions when the learned Magistrate
feels that their presence is necessary.
As a sequel thereto, the miscellaneous applications, if any,
pending in this Criminal Petition shall stand closed.
_________________________
K. SREENIVASA REDDY, J.
Date:04.10.2023 Nsr 4 HON'BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.7553 of 2023 Date:04.10.2023 Nsr