CRLP/16527/2014 of Thota Kanaka Durga Prasad, Vs Smt. Thota Usha on 31 December 2014

Arguments

ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C.,by the petitioners (respondent Nos.1 to 7 in DVC), to quash theproceedings in DVC No.14 of 2014 on the file of II AdditionalJudicial First Class Magistrate, Bhimavaram.

Heard the learned counsel for the petitioners and learnedPublic Prosecutor.

The first respondent filed the petition under Section 12 ofthe Protection of Women from Domestic Violence Act (DV Act)against the petitioners claiming the reliefs under Sections 18 to 22of DV Act. The petitioners are husband, mother-in-law, father-in-law and other relatives of the first respondent. Whether the firstrespondent is entitled to any relief as against the petitioners or notwill be decided during the course of trial. As per the principleenunciated in Valisetti Chandra Rekha v State of AndhraPradesh[[1]], Mohit Yadam v State of Andhra Pradesh[[2]]and Mohd.

Akber Yaseen v Rizwana Sultana[[3]],the reliefs under Sections 18to 22 of the Act are purely civil in nature. When the reliefs claimedby the first respondent are civil in nature, the maintainability ofpresent petition is very much doubtful. If this court expresses anyopinion touching the merits of the main case, the same may causeprejudice to either of the parties to the proceedings.

Having regard to the facts and circumstances of the caseand also the principle enunciated in the cases cited supra, I am ofthe view that it is not a fit case to quash the proceedings againstthe petitioners/respondent Nos.1 to 7 in DVC No.14 of 2014.

Learned counsel for the petitioners submitted that thepetitioner Nos.2 to 7 are facing much difficulty to attend the courton each and every date of adjournment. There is no dispute withregard to identity of the petitioners. Even if the presence ofpetitioner Nos.2 to 7 is dispensed with, no prejudice will be causedto the first respondent.Hence, the presence of petitioner Nos.2 to7/respondent No.2 to 7 in DVC No.14 of 2014 on the file of the IIAdditional Judicial First Class Magistrate, Bhimavaram, on eachand every date of adjournment, is hereby dispensed with.However, the petitioner Nos.2 to 7/respondent Nos.2 to 7 shallappear before the trial court as and when their presence is sorequired.

With the above direction, the Criminal Petition isdismissed. Miscellaneous petitions if any pending in this criminalpetition shall stand closed.

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T.SUNIL CHOWDARY, J

December 31, 2014.YS

[1]2010 (2) ALD (Crl.) 689 (AP)[2]2010 (1) ALD (Crl.) 1 (AP)[3]2010 (2) ALD (Crl.) 680 (AP)