The High Court · 2025

Petition urrder Section 482 of Cr.P -C praying that ,n the circumstances stated in the Mernorandum of Grounds of Criminal Petition the High Court may be pleased to extend the interim order dated 10.02.2023 passed in l.A. No. '1 of 2023 in Crl. P.No. 1404 of 2023 until further orders of the above criminal petition. l.A. NO: I OF 2Oi'4 Petition ur,der Section 482 of Cr.P.C praying that tn the circumstances stated in the lvlernorandum of Grounds of Criminal Petition the High Court may be pleased to extend the interim order dated 1010212023 passed in lA.No. '1 of 2023 in Crl P.No. 14O4 o'f 2023 until further orders. l.A. NO: 1OF 2025 Petition urder Section 482 of Cr.P.C praying that in the circumstances stated in the Mernorandum of Grounds of Criminal Petition. the High Court may be pleased to ex end the interim order dated 1010212023 passed in lA.No 01 of 2023 in CrlP No 1404 of 2023 until further orders of the above criminal petition. l.A. NO: 2 OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Merrorandum of Grounds of Criminal Petition, the High Court may be pleased to exlend the interim order dated 1010212023 passed in lA.No.01 of 2023 in Crl P.No. lr404 of 2023 until further orders. l.A. NO: 4OF 2024 Petition unler Section 482 of Cr.P.C praying that rn the circumstances stated in the Menrorandum of Grounds of Criminal Petition the High Court may be pleased to ext?nd the interim order dated 10.02.2023 passed in l.A. No. 1 of 2023 in Cd. P.No. 1404 of 2023 until fu(her orders of the above criminal petition. l.A. NO: 1OF 2023 Petition uncler 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 sta) the operation of the order dated 210212023 passed in DVC. Crl. Appeal \os. 332 of 2022 on the file of V Addl. Metropolitan Sessions Judge, by the Ld. Judge, Nampally Court, including appearance of the Petitioner l.A. NO: 5 OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances staled in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to extend the interim order dated 1010212023 passed in l.A. No. '1 of 2023 in Crl. P.No. 1404 of 2023 until further orders of the above criminal petition. l.A. NO: 3 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 extend the lnterim order dated 1010212023 passed in lA No 't of 2023 in Crl P No 1404 of 2023 until further orders of the above Criminal Petition. l.A. NO: 3 OF 2023 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 extend the interim order dated 2410212023 passed in lA.No. 2 of 2023 rn CRLP.No.1404 of 2023 untill further orders of the above Criminal Petition. l.A. NO: 10 OF 2024 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 extend the interim order dated 1010212023 passed in LA. No. I of 2023 in Crl. P. No. 1404 of 2023 until further orders. l.A. NO: 6 OF 2024 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 extend the interim order dated 1010212023 passed in l.A. No. 1 of 2023 in Crl. P. No. 1404 ot 2023 until further orders. l.A. NO: 7 OF 2024 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 extend the interim order dated 1010212023 passed in l.A. No. 1 of 2023 in Crl. P. No. 1404 of 2023 until further orders. l.A. NO: I OF 2023 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 extend the interim order dated 1010212023 passed in l.A. No. 1 of 2023 in Crl. P. No. 14O4 of 2023 until further orders. l.A. NO: 2OF 2025 Petition u nder Section 482 of Cr.P C praying that in the circumstances stated in the i&rmorandum of Grounds of Criminal Petition, the High Court may be pleased to e(tend the interim order dated 1010212023 passed in lA No 01 of 2O23 in Crl P Nc 1404 of 2023 until further orders of the above criminal petition. - This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Oriminal Petition and upon hearing the arguments of Sri Sh'ireen Sethna Baria, Advocate for the Petitioner and Sri E.Ganesh, Assrstant Public Prosecutor on behalf of the Respondent No 1 and Sri N.Jeevan Kumar, Advocatr.. for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRJ JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.14O4 OF 2o23 ORDER: The present Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner/respondent, seeking to quash and set-aside the impugned order dated O2.02.2023 passed ln D.V.C.Crl.Appeal.No.332 of 2022 on the file of V Additional Metropolitan Sessions Judge, Nampally Court, Hyderabad.

2. Heard learned counsel representing petitioner, Mr.E.Galesh, learned Assistart Public Prosecutor appearing for respondent No.1-State and Mr.N.Jeevan Kumar, learned counsel representing respondent No.2. Perused the record.

3. The brief facts of the case are that the petitioner herein has filed D.V.C.No.395 of 2022 against her husband and son/respondent No.2 herein seeking several reliefs under the provisions of Domestic Violence Act. Along with her main DVC, she got hled Cr1.M.P.No.397 of 2022 seeking interim reliefs such as grant of Residence Order in the shared household by removing respondents/husband and 2 EW,J CRLP No.74O4 2023 son and further, to grant Protection Order restraining the respondents ald their men from committrng Domestic Violence against her. The learned trial court vide its order dated 02-12-2022 in Crl.M.P.No.397 of 2022 in D.V.C.No.395 of 2022 directed the respondents therein/lLusbald and son to remove from the subject house bearing door No.B-2-293182 lHHl82, Plot No.82, MLA Colony, Iload No.12, Banjar.a Hills, along with their guns ald other- dangerous weapons ald further, restrained them from com mitting any acts of Domestic Violence against the petitioner therein, the result portion of the order of the tria_l Court reads as: "In UE result the petttton is allowed in part and the follou,ing reliefs granted in fauour of the petitioner. The r espondent nos.l and 2 his rnen and his agents be and tErebA are restratned from committing anA acts of domestic uiolence against the petitioner and her persons tuho lrclp her, bg utag of granting protection orders. The Respondent No.1 qnd 2 are Lerebg directed to rerune the house from the shqred household along uith tlteir gans and other dangerous ueapons which are hetd u.,ith them uiz. 8-2-293/ 82/ HH/ 82 Plot No.82, MLA CototA. Huda Heights, Road No.12, Banjara Hills, Hgderabad- 5OO0.)4, Telangana (which is obtoined bg the petitioter Jrom her father as a Stidhan) bA grantmg residetrce order. The Frotection Olfi.cer is herebg dtrected to implement the aboue said orders forthluith bA taking assistance of the conce'n P.S which i-s hautng juisdiction uithout clqA d.elag and report complionce to the court as earlg as possilrle. 3 EW,J CRLP No.14O4_2O23 +. Challengrng the above order of the trial court, the Crl.A.No.327 of 2022 was hled by respondent No.1/husband arld Cr1.A.No.332 of 2022 was hled by respondent No.2/son. Further, respondent No.1 therein/husband filed Crl.M.P.No.840 of 2022 seeking suspension of the order dated O2-L2-2022 in Cr1.M.P.No.397 of 2022 in D.V.C.No.395 of 2022 before the appellate Court.

5. After appreciating the oral and documentar5r evidence on record, the learned appellate Court allowed the Criminal Appeals Nos. 327 of 2022 and 332 of 2022 by setting aside the order dated 02.12.2022 passed by the trial court in Cr1.M.P.No.397 of 2022 in DVC 395 of

2022. Assailing the szune, the present Criminal Petition.

6. Learned counsel representing petitioner submits that respondent No.1 is the State of Telengana and the respondent No.2 is the son of the petitioner herein. Learned counsel further submits that the petitioner got EW,,' <:RLP No.l4O4 2023 married to one Dr.t;,,;haruddin AL Khan on

26.72.1'193 in Hyderabad as per the Shari:r law and the said mrrrriage was registered with the Registrar of Marriag,:s on 01.O7.1994 and two childrcn were born out of .-hr: said wedlock viz. Dr.Abid Kitan, who is respond:nt No.2 herein and a daughter viz. Dr.Zaina Ali Khan, who is married and is now sr:ttled in the United States of America. Learned counsel further submits that the petitioner is permanenr resident of House b,:aring No.8-2-293/82/HH/82, Plol No.82, MLA Colony, Huda Heights, Road No-12, Banjara Hills, Hyderabrrd-500034, Telangana (said properLy/ 'matrimonial house'), which was given to her by her father soon a-fter her marriage and she is the sole owner of the said property, which is regisrered in the name of the petitioner herein and it is her rnatrimonial house, vrhere she resides a_long with her estranged husband son, daughter-in-law, grancichild and multiple ,;taff/servants of the estranged husbeind 5 EW,J CRLP_No-14O4_2O23

7. Learned counsel lurther submits that right from the date of her ma-rriage, the petitioner was subjected to emotional, mental hnancial/economic violence by her husband, unable to bear the torture an5rmore and apprehending danger to her life, she was compelled to leave the house and take shelter in Mumbai to protect herself and stay away from the wrath ald reach of her husband and son. The petitioner was constrained to frle an application before the learned Metropolitan Magistrate Court, Bandra, Mumbai, under the provisions of the Domestic Violence Act claiming various reliefs provided therein. However, the learned Court dismissed the application for want of jurisdiction and the said order was challenged by the petitioner herein vide Writ Petition before the Hon'ble High Court of Bombay, wherein the order of the learned Magistrate was upheld and the said order was cha-llenged before the Honble Apex Court and the Honble Apex Court opined that Courts in Mumbai had no jurisdiction and 6 EW,J CRLP No.74O4-2O23 hence, ttLe petitioner was constrained to urge her rights before the appropriate Court at Hyderabad

8. Learned counsel further submits thal owing to the rising exoenses, the petitioner could not stay away from Hyderabzrd any longer as such she was constrained to file D.V.C.No.395 of 2022 before learned III Metropolitan Magistrar.e (Traffic Mobile Court) Hyderabad u/s. 12 and 23 of thr: Protection of Women from Domestic Violence Act claiming various reliefs provided therein

9. Lealned counsel further submits that as per the order dated 02.12.2022, the petitioner eilong with Protection Officer went to the said propert]', seeking to execute the order, at that time, the petiti,lner herein was prevented from entering her own house by the staff/senants of the respondents at their instance and the gater; of her own house were locked. Learned counsel frrther submits that the respondents have not complied with the orders of the learned i.rial Court -, Further, it was only,.v6gL" after the said ex-parte order 7 EW,J CRLP No.14O4 2023 the respondents preferred two separate appeals before the learned V Additional Metropolitan Sessions Judge, Hyderabad. Upon appreciating the facts and circumstances of the case, the learned Judge did not grant any stay to the respondents. Further, the Sessions Court erroneously held in the impugned order dated O2.O2.2O23 that the counsels for both parties arrived at a mutua-l understanding that they will not be pressing for any interim reliefs and will argue the matter once and for a-11. Further, the respondents continued to harass her by locking her inside the house, stopping her access to basic food and water, and threatening maids/maintenance pcople to enter for her help, necked out her own personal security, both male and fema-le guards outside the gates ald deploying their henchmen. Learned counsel further submits that the petitioner is a breast carrcer survivor, undergoing tremendous stress and mental agony at the hands of the respondents, further submits that impugned order was passed in a mechanical manner 8 EW,J CRLP No.14O4 2023 and without any application of Judicious mind Therefore , seeks to allow the Crimina,l Petitirrn

10. On the other hand, iearned counsel r-eltresenting respondent No.2 submits that the petitionr:r herein is the mother of respondent No.2, who instituted Domestic Violence Case (D.V.C) No.395 of 2022 against her hustrald and son/respondent No.2 before the learned III Metropolitan Magistrate (Tralfic Mobile Court), l{yderabad. In the said procee clings, the petitioner herein secured arr ad-interinr ex-parte residence order under Section 17 and a Protection Order unier Section 18 of the Protection of Women from Dorr:estic Violence Act, 2005, dated 02 12.2022, in Crl.M.l'.No.397 of 2022 in D.V.C.No.39:> of 2022, wherein the respondent No.2 and his father, were directed to remove themselves from tlre shared household i.e., House No.8-2-293182 IHH/82, plot No.82, MLA Colony, Huda Heights, Road No.12, Banjara llills, Hyderabad 500034. Learned counsel further sutmits that the said ad-interim ex-parte order 9 EW,J CRLP_No. I 4O4_2O23 dated 02.12.2022 was challenged by respondent No.2 and his father by way of Criminal Appeal Nos.332 of 2022 and 327 of 2022 respectively before learned V Metropolitan Sessions Judge, Nampally, under Section 29 of the Domestic Violence Act. The learned Sessions Judge, vide its common order dated O2.O2.2O23 was pleased to allow the said appeals by setting aside the ad-interim ex-parte order dated

02.12.2022. Aggrieved by the said impugned order dated O2.O2.2O23, the petitioner has filed the present CriminaL Petition. Learned counsel further contended that after hling the counter afhdavit, the father of respondent No.2 died by committing suicide on

27.O2.2O23, following which respondent No.2 vacated the subject premises along with his wife and infant daughter. Learned counsel further contended that the petitioner has been residing in the subject house. Therefore, he seeks to pass necessary orders as this Court deems fit and proper in the interest of justice. 10 EW,J CRLP No.14O4 _2023

11. In,riew of the riva_l submissions made by both the pa-rties, this Court has perused the material evidence available on record, which reveals that several suits were perrding between petitioner and the respondents therein in respect of several properties including the present subject shared household in the Courts at Hyderabrrd ald Rangareddy District. In view of the exrstenc( of long pending disputes both criminal and civil and especially pending of suit in O.S.No.308 of 2O2l fileC by the son (R2) and daughter, Dr. Zatna AII Khan, rrgainst the petitioner, on the file of XXV Acditional Chief Judge, City Civil Court, HyderabeLd, in respect of the same shared household, the learn,:d trial court ought not to have ordered for the removal of the respondents, including the women, who are wife and daughter of respondent No.2, residing therein lorthwith. Considering the long standing matrimor:.ia,1, crimina_l and civil disputes pending between the parties to those appeals, the learned appellate Court has rightly opined that the learned EW,J CRLP No.14O4_2O23 Magistrate ought to have directed the notice to the respondents, invite their counters before passing any such ex-parte interim order, which had a serious repercussions and ramifications. The learned appellate Court to put an end to such unrest atmosphere between the parties in the shared household to avoid further abuse of the order of the tria-l court has rightly allowed the appeals by setting aside the order dated 02-12-2022 in Cr1.M.P.No.397 of 2022 passed by the learned trial court. Therefore, this Court hnds no reason to interfere with the reasoned impugned order passed by the learned appellate Court. L2. With the above observation, this Criminal Petition is dismissed and the learned trial Court is directed to dispose of the matter on merits as expeditiously as possible strictly in accordalce with law. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- MOHD. ISMAIL PUTY REGISTRAR SECTION OF FICER To,

1. V Additional Metropolitan Sessions Judge' Hyderabad i. f f f ftf"ttopofitan tvlagistrate (Traffice Mobil-e Court)'.Hvderabad 3. Two CCs to the Pubtic pr-osecutor' High Court for the State of Telangana at Hvderabad (OUT) ;';-;;i; 4 i; snit""n sethna Baria Advocate [oPtJC]

5. One CC tc SRI N. Jeevan Kumar, Advocate [OPUC] 6. Two CD Ccpies ABK/gh Y^/ HIGH COURT DATED: 0910412)25 ORDER CRLP.No.1404 ot 2023 - .- -:=:-:_-. ,,;r^r,.i)\r .,,c \\ \'1a\ stP ztrfi i I )' r'' :\ ,/ /,i' 1s DISMISSING OF THE CRIMINAL PETITION *.oR(d ' Y\--.<. (tr".'