Bharatha Jyothi v. The State Of Ap.

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.3185 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/A-5 in D.V.C.No.3 of 2014 pending on the file of Judicial Magistrate of First Class, Nandyal, Kurnool District.

Heard and perused the material available on record. Second respondent herein filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking various reliefs under the Act against the petitioner and other accused. The reliefs sought by the second respondent are purely civil in nature and there is no element of criminality. A perusal of the record prima facie reveals the role played by the petitioner. Whether the second respondent is entitled to claim the reliefs from the petitioners or not will be decided after full-fledged trial only. In such circumstances, the maintainability of the present petition under Section 482 Cr.P.C. is very much doubtful. Hence, this Court is not inclined to interfere with the further proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the petitioner/A-5 herein does not arise, the presence of the petitioner/A-5 before the trial Court is dispensed with till disposal of the above DVC case. However, the petitioner shall be properly represented by her counsel before the trial Court.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand

closed.

_______________ RAJA ELANGO, J Date: 14-03-2016 Ksn