CRLP/16514/2014 of Alapati Kalyan Chakarvarthy Vs The State of Andhra Pradesh, on 31 December 2014

ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C.,by the petitioners (respondent Nos.1 to 3 in DVC), to quash theproceedings in DVC No.32 of 2014 on the file of Judicial FirstClass Magistrate, Eluru.

Heard the learned counsel for the petitioners and learnedPublic Prosecutor.

The second 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, father-in-law and mother-in-law of the second respondent. Whether the second respondentis entitled to any relief as against the petitioners or not will bedecided during the course of trial. As per the principle enunciated in Valisetti Chandra Rekha v State of Andhra Pradesh[[1]], MohitYadam v State of Andhra Pradesh[[2]]and Mohd. Akber Yaseen v Rizwana Sultana[[3]],the reliefs under Sections 18 to 22 of the Actare purely civil in nature. When the reliefs claimed by the secondrespondent are civil in nature, the maintainability of presentpetition is very much doubtful. If this court expresses any opiniontouching 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 3 in DVC No.32 of 2014.

Learned counsel for the petitioners submitted that thepetitioner Nos.2 and 3 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 of thepetitioner Nos.2 and 3 is dispensed with, no prejudice will becaused to the second respondent.Hence, the presence ofpetitioner Nos.2 and 3/respondent No.2 and 3 in DVC No.32 of2014 on the file of the Judicial First Class Magistrate, Eluru, oneach and every date of adjournment, is hereby dispensed with.However, the petitioner Nos.2 and 3/respondent Nos.2 and 3 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)