Neti Bhaskar And 3 Others v. Gunta Sanjeeva And 2 Others

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.7 8 1 6 of 2 0 1 1 ORDER:

This criminal petition is filed seeking for quash of the proceedings in DVC.No.9 of 2011 on the file of the XIII Metropolitan Magistrate, Ranga Reddy District.

2.

Heard the counsel for the petitioners and the learned Public Prosecutor, who takes notices for the third respondent. None appears for respondents 1 and 2.

3.

Counsel for the petitioners submits that the first respondent is the father-in-law of the first petitioner and second respondent is the son of the first petitioner and they being the male members cannot maintain the case under the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'), as they do not come within the purview of 'aggrieved person' as defined under Section 2(a) of the Act, which is as under:

"2(a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent."

4.

There is no scope for anyone, except an aggrieved person, to invoke the provisions of this Act.

Hence, in view of the above, the criminal petition is dismissed. The interim stay, granted earlier in CRLPMP.No.8291 of 2011 dated 19.01.2012, shall stand vacated. As a sequel, the miscellaneous applications, if any pending, shall stand closed. __________ T. RAJANI, J December 7, 2017/ DSK