HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 3735 of 2012 Dated: 18.06.2014 Between:
Kasi Mary Satya Prapoorna, W/o Suresh Raja and another … Petitioners/Accused And Boola Nirmala Kumari, W/o late Arthur Hanson and another … Respondents The Court made the following :
HON’BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 3735 of 2012 ORDER:
This petition is filed to quash the D.V.C.No.27 of 2011 on the file of the II Additional Judicial Magistrate of First Class, Eluru, West Godavari District.
2. Heard both sides.
3. Learned counsel for the petitioners submitted that since 1996, 1st respondent/complainant is living separately after the death of her husband and this petition is filed only to harass the petitioners. She submitted that the petitioners herein are the sister and sister’s husband of complainant’s husband and the 1st respondent in the DVC is the father-in-law of the 1st respondent herein and he is no more and all the reliefs are against the 1st respondent. Therefore, the proceedings have to be quashed.
4. I have perused the complaint. The reliefs claimed are for compensation of Rs.9.00 lakhs, for separate residence and for refund of dowry amount and the reliefs claimed are on all the respondents. One of the allegations is that the 2nd respondent is making hectic efforts to alienate the properties in collusion with the other respondents and the petitioners claimed separate residence from the respondents in respect of the property. These allegations have to be enquired and at this stage the correctness of the allegations cannot be decided. Since the petitioners are residents of Ranga Reddy and the proceedings are in West Godavari District, I feel by dispensing with the presence of the petitioners for each and every adjournment of the enquiry and directing the trial Court to dispose of the DVC within a stipulated time, the petition can be disposed of.
5. Therefore, the trial Court is directed to dispose of the DVC No.27 of 2011, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order, and presence of petitioners for each and every adjournment is dispensed with. However, they shall appear before the Court when the trial Court feels that their physical presence is necessary for any particular date of hearing.
6. With the above observation, this Criminal Petition is disposed of. As a sequel, miscellaneous petitions, if any filed in this criminal petition, shall stand closed.
S. RAVI KUMAR, J 18th June, 2014. ssp