IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT. JUSTICE V.SUJATHA CRIMINAL PETITION NO: 909 OF 2025 Between: 1. Elluru Latha @ Venkata Lakshmi Devi, W/o. Sreenivasulu, Aged about 58 years, R/o. H. No. 9-146, Railway Station Road, Kosigi, Kurnool District. 2. Elluru Sreenivasulu, S/o. Elluru Audiseshaiah Setty, aged about 63 years, R/o. H. No. 9-146, Railway Station Road, Kosigi, Kurnool District. 3. Besthavemula Amarnath, S/o. Subba Rao, Aged about 60 years, Occ; Merchant, R/o Mandi Bazar, Kadapa District. 4. Kapuram Redanna, S/o. S.Kondappa, aged about 71 years, R/o. Ramachari Street, Madanapalli, Annamayya District. ...PETITIONER/ACCUSED Nos.2,35 and 6 AND 1. The State Of Andhra Pradesh, represented by its Public Prosecutor High Court of A.P., Hyderabad. ...RESPONDENT 2. Itha Sindhu Priya @ Elluru Sindhu Priya, W/o. Elluru Manjunath, Aged about 35 years, R/o. Park Street, Sullurpeta Town and Mandal, Tirupathi District. 3. Elluru Dhrishana, D/o. Manjunath, Aged about 9 years, R/o. Park Street, Sullurpeta Town and Mandal, Tirupathi District. :■ 4 -2- 4. Elluru Ishani, D/o. Manjunath, Aged about 3„Years, R/o. Park Street, Sullurpeta Town and Mandal, Tirupathi District. (Respondents Nos. 3 and 4 are representing Respondent No.2) ...RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all the proceedings in DVC No. 2 of 2024 on the file of Addl. Judicial Magistrate of First Class, Sullurpeta, Nellore. I.A. NO: 2 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all, proceedings including the appearance of the petitioners in DVC No. 2 of 2024 on the file of Addl. Judicial Magistrate of First Class, Sullurpeta, Nellore, pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T. D. PANI KUMAR, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 . The Court made the following: APHC010012012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA CRIMINAL PETITION No.909 of 2025 Between; Elluru Latha @ Venkata Lakshmi Devi and others ...PETITIONER{S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and others Counsel for the Petitioners; 1.T.D. PHANI KUMAR Counsel for the Respondent(s); 1.PUBLIC PROSECUTOR The Court made the following; c 2 % VS,J Crl.P.No.909 of 2025 ORDER: This petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), is filed by the petitioners/accused Nos.2, 3, 5 & 6 in D.V.C.No.2 of 2024 on the file of the learned Additional Judicial Magistrate of First Class, Sullurpeta, seeking to quash the proceedings against them in the said case. Heard the learned counsel for the petitioners and the learned 2. Public Prosecutor for the respondent-State. Learned counsel for the petitioners, after arguing for some 3. time, gave up the main prayer for quashing and confined to the relief of seeking dispensing with the presence of the petitioners herein in the aforesaid D.V.C. This Court, in Giduthuri Kesari Kumar and others v. State of Telangana and others^, has laid down certain guidelines with regard to quashing the proceedings in a D.V.C. Case. Paragraph 14 4. of the said Judgment, which is relevant, reads as under: 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 ex parte order with the material available. It is only in the exceptional cases where the Magistrate feels that the circumstance requires that he 2015(2) ALD(Crl.) 470 (AP) 3 VS,J Crl.P.No.909 of 2025 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. ” In view of the above, acceding to the request of the learned counsel for the petitioners and without touching the merits of the this Court feels it appropriate to dispose of the present criminal petition at the admission stage, directing the Court concerned to follow the guidelines prescribed in Giduthuri Kesari Kumar’s case (supra). Accordingly, the Court concerned is directed to adhere to the guidelines formulated by this Court in Giduthuri Kesari Kumar’s (supra). It would, however, be open to the trial Court to direct the personal presence of all or any one of the petitioners whenever required. 5. case. case With the above directions, the Criminal Petition is disposed of. Interlocutory applications pending, if any, in this criminal petition, shall stand closed. 6. Sd/- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR r 9r- //TRUE COPY// SECTION OFFICER 1. The Additional Judicial Magistrate of First Class, Sullurpeta, Nellore District. 2. One CC to Sri T. D. Pani Kumar, Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Three CD Copies RDB To, Cnr (RDB) HIGH COURT DATED:31/01/2025 ORDER CRLP.No.909 of 2025 1S MAR 2025 m 60/ > . Current Section CRIMINAL PETITION IS DISPOSED OF