G Ghouse Bee vs P Rajiya on 18 June, 2025

Andhra Pradesh High Court – Amravati

G Ghouse Bee vs P Rajiya on 18 June, 2025

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

     IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

              TUESDAY,THE EIGHTEENTHDAY OF JUNE
                  TWO THOUSAND AND TWENTY FOUR


                                   PRESENT




       THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

                 CRIMINAL PETITION NO: 3628 OF 2024

Between:


  1. G Ghouse Bee, W/o.Hussain Sa, Aged about 65 years, R/o.H.No.6-6-
     32, Sardar Street, Allagadda, Nandyal District.

  2. Shaik Jameela, W/o.Shaik Rasool, Aged about 50 years, R/o.H.No.8-
     114, M.V.Nagar, Allagadda, Nandyal District.

  3. Shaik Mahareen, W/o.K.Jafar Vali, Aged about 60 years, R/o.H.No. 1-
     45, Kota Kandukur Village, Allagadda Mandal, Nandyal District.
  4. K.Sharifa Bee, (In the Complaint name is wrongly mentioned as Shaik
     Sharifa) W/o.Hussain Basha, (Name is wrongly mentioned as Shaik
    Basha) Aged about 50 years, R/o.H.No.6-4-164, Shivam Talkies Street,
    Allagadda, Nandyal District.

                                       ...Petitioners/Respondents No.2 to 5

AND

1. P Rajiya, W/o.Mahaboob Hussain, Aged about 34 years,
R/o.H.No.4/298, Nehru Nagar, Jammalamadugu, YSR Kadapa District.

…Respondent/Aggrieved Person

2. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court
of Andhra Pradesh, At Amaravathi.

…Respondent/Complainant

Petition under Section 482 of Cr.P.C is filed 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 DVC.No.
10/2023 on the file of the Junior Civil Judge Jammalamadugu to the
extent of the Petitioners is concerned in the interest of justice.

Court name is amended as per the Court Order dated 08.07.2025 in
I.A.No.1 of 2025 in CRLP No.3628 of 2024

I.A. NO: 2 OF 2024

Petition under Section 482 of Cr.P.C is filed praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition,
the High Court may be pleased to grant stay of all further proceedings
including appearance of the Petitioners in DVC. No. 10/2023 on the file of
the Junior Civil Judge Jammalamadugu pending disposal of the above
CrI.P. in the interest of Justice.

Court name Is amended as per the Court Order dated 08.07.2025 in
I.A.No.1 of 2025 in CRLP No.3628 of 2024

This Petition coming on for hearing, upon perusing the Memorandum
of Grounds of Criminal Petition and upon hearing the arguments of Sri P
Nagendra Reddy, Advocate for the Petitioners and the Public Prosecutor
on behalf of the Respondent No.2 and None Appeared for the Respondent
No.1

The Court made the following:

HON’BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.3628 of 2024
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. 10 of
2023 on the file of the learned JUNIOR CIVIL JUDGE

JAMMALAMADUGU initiated against them by the 1®’ 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
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2

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 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.

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3

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.”

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.

Sd/- B. CHITTl JOSEPH
assistant registrar
//true copy//
!*•

SECTION OFFICER

To,

1. The Junior Civil Judge , Jammalamadugu, Kadapa District.

2. One CC to Sri. P Nagendra Reddy, Advocate [OPUC]

3. Two CCS to The Public Prosecutor, High Court of Andhra Pradesh at
Amaravathi [OUT]

4. Two CD Copies

BKB-ER

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Court Order dated
Note: Name of the Court is amended as per the
08.07.2025 in I.A.No.1 of 2025 in CRLP No.3628 of 2024
Sd/- B CHITTl JOSEPH
assistant registrar
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HIGH COURT

DATED: 18/06/2024
08/07/2025

AMENDED ORDER
X
15 JUf. 20S
CRLP.No.3628 of 2024
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DISPOSING OF THE CRLP