Marella Venkata Gurubramham, v. Marella Sai Lakshmi,
THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.10975 of 2016 ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/respondent Nos.1 to 7 seeking to quash proceedings in D.V.C.No.7 of 2016 on the file of the III Additional Judicial Magistrate of First Class, Ongole, Prakasam District, for the offences punishable under Sections 9 and 12 of Protection of Women from Domestic Violence Act, 2005.
Heard learned counsel for the petitioners/respondent Nos. 1 to 7 and learned Public Prosecutor and perused the material available on record. A perusal of the material on record reveals that specific allegations were made against the petitioners. The truth or otherwise of the allegations can only be decided during course of trial. I see no ground to interdict at this stage and quash the proceedings.
Considering the nature of allegations against petitioner No.1/Respondent No.1, the criminal petition is dismissed as far as petitioner No.1 is concerned. The petitioner No.1 shall appear before the trial Court during course of trial.
In the facts and circumstances of the case and as requested by learned counsel for the petitioners, the criminal petition is disposed of, directing the trial court to dispose of D.V.C.No.7 of 2016 as expeditiously as possible, without insisting the presence of the petitioners 2 to 7/respondent Nos.2 to 7 unless required for any specific purpose.
Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.
_________________________ JUSTICE M.S.K.JAISWAL 27.07.2016 kvrm