Telangana High Court
CRLP/16371/2014 of Smt. Kalyanam Yamuna Devi, Vs The State of A.P. on 30 December 2014
SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.16371 of 2014 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. by the petitioners (respondent Nos.2 to 4 in DVC) to quash the proceedings in D.V.C.No.17 of 2014 (for short, ‘DVC’) on the file of the II
THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARYCRIMINAL PETITION No.16371 of 2014
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ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. by thepetitioners (respondent Nos.2 to 4 in DVC) to quash the proceedingsin D.V.C.No.17 of 2014 (for short, ‘DVC’) on the file of the II AdditionalJudicial First Class Magistrate, Tenali, Guntur District.
2. Heard the learned counsel for the petitioners and the learnedPublic Prosecutor.
3. A perusal of the record reveals that respondent No.2 filed apetition under Section 12 of the Protection of Women from DomesticViolence Act, 2005 (for short, ‘the Act’), against the petitioners hereinand others claiming reliefs under Sections 18 to 22 of the Act.
4. As per the principle enunciated in Valisetti Chandra Rekha v.[1]State of Andhra Pradesh, Mohit Yadam v. State of Andhra[2][3]PradeshandMohd. Akber Yaseen v. Rizwana Sultana, thereliefs sought under Sections 18 to 22 of the Act are purely civil innature and there is no element of criminality therein.
5. In the instant case also the reliefs sought by respondent No.2 arepurely civil in nature and there is no element of criminality.Whetherthe respondent No.2 is entitled to claim the reliefs against thepetitioners and others or not has to be decided during the course oftrial. In such circumstances, the maintainability of the present petitionunder Section 482 Cr.P.C. is very much doubtful.
6. Having regard to the facts and circumstances of the case andalso the principle enunciated in the cases cited supra, I am of theconsidered view that it is not a fit case to quash the proceedingsagainst the petitioners/respondent Nos.2 to 4 in DVC.
7. Learned counsel for the petitioners submitted that the petitionersare facing much difficulty to attend the trial Court on each and every date of adjournment. Hence, their presence may be dispensed with.
8. There is no dispute with regard to the identity of the petitioners. Even if the presence of the petitioners is dispensed with, no prejudicewill be caused to respondent No.2.
9. Hence, the presence of the petitioners, who are respondentNos.2 to 4 in D.V.C.No.17 of 2014 on the file of the II AdditionalJudicial First Class Magistrate, Tenali, Guntur District, is herebydispensed with on each and every date of adjournment. However,they shall appear before the trial Court as and when their presence isso required.
10. With the above observation, the Criminal Petition is dismissed.
11. Consequently, Miscellaneous petitions, if any, pending in thisCriminal Petition shall stand closed.
Date:30.12.2014KH
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T. SUNIL CHOWDARY, J
[1]2010 (2) ALD (Crl.) 689 (AP)
[2]2010 (1) ALD (Crl.) 1 (AP)
[3]2010 (2) ALD (Crl.) 680 (AP)