Telangana High Court
CRLP/16415/2014 of Valpula Gangamma, W/o. Narayana Vs The State of Andhra Pradesh, on 30 December 2014
SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.16415 of 2014 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. by the petitioners (respondent Nos.2 to 5 in DVC) to quash the proceedings in D.V.C.No.43 of 2013 (for short, ‘DVC’) on the file of the Judicial
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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARYCRIMINAL PETITION No.16415 of 2014ORDER:
This Criminal Petition is filed under Section 482Cr.P.C. by the petitioners (respondent Nos.2 to 5 in DVC)to quash the proceedings in D.V.C.No.43 of 2013 (forshort, ‘DVC’) on the file of the Judicial Magistrate of FirstClass, Excise Court, at Ongole.
2. A perusal of the record reveals that the secondrespondent filed a petition under Section 12 of theProtection of Women from Domestic Violence Act againstthe petitioners and another claiming reliefs under Sections18 to 22 of the Act.
3. As per the principle enunciated inValisetti Chandra Rekha v. State of Andhra Pradesh[[1]], Mohit Yadam v.State of Andhra Pradesh[[2]]and Mohd. Akber Yaseen v.
Rizwana Sultana[[3]],the reliefs sought under Sections 18to 22 of the Act are purely civil in nature and there is noelement of criminality.
4. In the instant case also the reliefs sought by thesecond respondent are purely civil in nature without anyelement of criminality. Whether the second respondent isentitled to claim reliefs against the petitioners or not has tobe decided during the course of trial only. If this Court expresses any opinion touching the merits of the case,the same will cause prejudice to either of the parties. Insuch circumstances, the maintainability of the presentpetition under Section 482 Cr.P.C. is very much doubtful.
5. Having regard to the facts and circumstances of thecase and also the principle enunciated in the cases citedsupra, I am of the considered view that it is not a fit case toquash the proceedings against the petitioners/respondentNos.2 to 5 in DVC.
6. Learned counsel for the petitioners submitted that thepetitioners are facing much difficulty to attend the trialCourt on each and every date of adjournment. Hence,their presence may be dispensed with.
7. There is no dispute with regard to the identity of thepetitioners. Even if the presence of the petitioners isdispensed with, no prejudice would be caused to thesecond respondent.
8. Hence, the presence of the petitioners, who arerespondent Nos.2 to 5 in D.V.C.No.43 of 2013 on the fileof the Judicial Magistrate of First Class, Excise Court, atOngole, is hereby dispensed with on each and every dateof adjournment. However, the petitioners/ respondents 2to 5 shall appear before the trial Court as and when theirpresence is so required.
9. With the above observation, the Criminal Petition is dismissed.
10. Consequently, Miscellaneous petitions, if any,pending in this Criminal Petition shall stand closed.
Date:30.12.2014Rns
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T. SUNIL CHOWDARY, J
[1]2010 (2) ALD (Crl.) 689 (AP)2010 (2) ALD (Crl.) 689 (AP)
[2]2010 (1) ALD (Crl.) 1 (AP)2010 (1) ALD (Crl.) 1 (AP)
[3]2010 (2) ALD (Crl.) 680 (AP)2010 (2) ALD (Crl.) 680 (AP)