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Tag: Giduthuri Kesari Kumar And Others Vs State Of Telangana

Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors on 24 October 2018

Posted on April 8, 2020 by ShadesOfKnife

In this case, it was held that, DVC is maintainble even after Divorce.

Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors on 24 October 2018

Citations: [

Other Source links:


Disclaimer:

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

I have no control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in it’s entirety, not I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification Supreme Court of India Judgment or Order or Notification | Tagged Challa Sivakumar and Two Ors Vs Challa Anita and Two Ors CrPC 482 - Quash Dismissed Giduthuri Kesari Kumar And Others Vs State Of Telangana Juveria Abdul Majid Patni Vs Atif Iqbal Mansoori PWDV Act Sec 2(f) - Maintainable After Divorce | Leave a comment

Giduthuri Kesari Kumar And Others Vs State of Telangana on 16 February 2015

Posted on October 15, 2018 by ShadesOfKnife

A landmark quash judgment by Hon’ble High Court of Andhra Pradesh, which laid down few criteria only under which DVC quash under CrPC 482 is maintainable.

From Para 13,

The next aspect is having regard to the fact that the reliefs provided under Section 18 to 22 are civil reliefs and enquiry under Sec. 12 of D.V. Act is not a trial of a criminal case, whether the respondents can seek for quashment of the proceedings that they were unnecessarily roped in and thereby continuation of the proceedings amounts to abuse of process of Court etc., pleas. In my considered view, having regard to the facts that the scheme of the Act which provide civil reliefs and the Magistrate can lay his own procedure by not taking coercive steps in general course and the enquiry being not the trial of a criminal offence, the respondents cannot rush with 482 Cr.P.C petitions seeking quashment of the proceedings on the ground that they were unnecessarily roped in. They can establish their non involvement in the matter and non-answerability to the reliefs claimed by participating in the enquiry. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court.

From Para 14,

14) To sum up the findings:
i) Since the remedies under D.V Act are civil remedies, the Magistrate in view of his powers under Section 28(2) of D.V Act shall issue notice to the parties for their first appearance and shall not insist for the attendance of the parties for every hearing and in case of non-appearance of the parties despite receiving notices, can conduct enquiry and pass exparte order with the material available. It is only in the exceptional cases where the Magistrate feels that the circumstance require that he can insist the presence of the parties even by adopting coercive measures.

ii) In view of the remedies which are in civil nature and enquiry is not a trial of criminal case, the quash petitions under Sec.482 Cr.P.C on the plea that the petitioners are unnecessarily arrayed as parties are not maintainable. It is only in exceptional cases like without there existing any domestic relationship as laid under Section 2(f) of the D.V. Act between the parties, the petitioner filed D.V. case against them or a competent Court has already acquitted them of the allegations which are identical to the ones leveled in the Domestic Violence Case, the respondents can seek for quashment of the proceedings since continuation of the proceedings in such instances certainly amounts to abuse of process of Court.

Giduthuri Kesari Kumar And Others Vs State Of Telangana on 16 February, 2015

Citations: 2015 ALD CRL AP 2 470

Other Sources:

https://indiankanoon.org/doc/71870497/

https://www.casemine.com/judgement/in/5608f8dce4b01497111438bd


This decision (with respect to shared householding requirement in DV cases) seems to be overruled by Supreme Court here. This judgment was not considered in the SC judgment.


Index of all Domestic Violence Cases is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Giduthuri Kesari Kumar And Others Vs State Of Telangana Go For Appeal Instead Of Quash Landmark Case Legal Procedure Explained - Interpretation of Statutes Maintainability No Domestic Relationship Exists No Shared Household PWDV Act - DV Case Not Quashed PWDV Act Sec 29 - Appeal Available Sandeep Pamarati | Leave a comment

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