Kamala Venkata Krishna Chaityanya, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2225 OF 2013 ORDER:

This Criminal Petition is filed by the petitioner - A4 seeking to quash the proceedings in D.V.C.No.6 of 2012 on the file of the Judicial Magistrate of First Class, Tuni, East Godavari District. Heard and perused the material on record.

The 2nd respondent herein filed the DVC No.6 of 2012 against her husband and his family members seeking certain reliefs under the provisions of Protection of Women from Domestic Violence Act. The petitioner is the 4th accused in the DVC. He is the brother-in-law of the 2nd respondent.

Learned counsel for the petitioner submitted that petitioner is the brother of the husband of the 2nd respondent and he is no way concerned with the family affairs of the 2nd respondent and her husband, and he is working as a Software Engineer in IBM company at Hyderabad and there are no specific allegation against him and hence, he requested to quash the proceedings against the petitioner. A perusal of the complaint does not disclose any involvement of the petitioner in the alleged incident to attract the offences under the Domestic Violence Act. Further, the petitioner is not residing in the place where the alleged offence took place.

Considering the facts and circumstances of the case, the Criminal Petition is allowed quashing the proceedings against the petitioner in DVC No.6 of 2012 on the file of the Judicial Magistrate of First Class, Tuni, East Godavari District.

Miscellaneous petitions if any pending, shall stand closed. ______________ RAJA ELANGO, J August 28, 2015 KTL