[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2659 OF 2012 Dated 23-4-2014 Between:
Juttada China Chandrarao and others.
..Petitioners.
And:
The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2659 OF 2012 ORDER:
This petition is filed to quash proceedings in D.V.C.No.1 of 2012 on the file of Additional Judicial Magistrate of First Class, Vizianagaram.
2. Heard both sides.
3. Advocate for petitioners submitted that petitioners who are father-in-law of de facto complainant, husband’s brother-in-law, husband’s sister, husband’s second sister, husband’s third sister and husband’s maternal uncle are implicated in Domestic Violence Case and as the relief of complainant is for maintenance, these petitioners are no way concerned with the D.V.C.case.
4. As seen from the record, Protection Officer, Domestic Cell, Vizianagaram filed complaint before Magistrate after making enquiry on the basis of complaint given by the de facto complainant to the Protection Officer. Section 3 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as ‘the Act, 2005) defines acts of domestic violence. Section 18 of the Act provided for passing protection orders under the Act. Under Section 18, the aggrieved person can approach the court to restrain the respondents from committing acts of Domestic Violence or committing or abetting in commission of acts of Domestic Violence.
5. A plain reading of the complaint discloses that role of the petitioners herein is aiding and abetting the husband to commit acts of domestic violence. Therefore, the contention of the advocate for petitioners that petitioners are no way concerned with the provisions of domestic valiance act and that they are falsely implicated cannot be accepted. When there is prima facie allegations, correctness of these allegations cannot be decided in a quash petition and these objections can be raised before the trial court by the petitioners.
6 . For these reasons, this Criminal Petition is dismissed as devoid of merits.
7. As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 23-4-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.2659 OF 2012 Dated 23-4-2014