Patan Firoz Khan, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.1677 OF 2015 ORDER:

1 This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/respondent Nos.1 to 7 in DVC No.4 of 2014 on the file of the Court of the Judicial First Class Magistrate, Proddatur, YSR Kadapa District.

2 Heard the learned counsel for the petitioners, the learned counsel for the second respondent and the learned Additional Public Prosecutor representing the State.

3 At the time of arguments, the learned counsel for the petitioners sought permission of the Court to permit the first petitioner to withdraw the Criminal Petition. Permission is accorded and the Criminal Petition is dismissed in so far as the first petitioner / first respondent in DVC No.4 of 2014 on the file of the Court of the Judicial First Class Magistrate, Proddatur, YSR Kadapa District is concerned.

4 The remaining petitioners are respondent Nos.2 to 7 and the second respondent is the petitioner in DVC No.4 of 2014. A perusal of the record reveals that the second respondent filed DVC No.4 of 2014 under section 12 of the Protection of Women from Domestic Violence Act (for short 'DVC Act') on the file of the Court of the Judicial Magistrate of I Class, Proddatur, YSR Kadapa District against the petitioners seeking various reliefs There is no dispute between the parties with regard to their inter se relationship. 5 As per the principle enunciated in Valisetti Chandra Rekha v. State of Andhra Pradesh, Mohit Yadam v. State of Andhra Pradesh, Mohd. Akber Yaseen v. Rizwana Sultana and Mangesh Sawant V. Minal Vijay Bhosale the various reliefs sought under the provisions of D.V.C.Act are civil in nature.

There is no element of criminality in the reliefs sought by the second respondent. The allegations made in the complaint, prima facie, reveal the role played by the petitioners.

respondent.

6 Whether the second respondent is entitled to claim the reliefs against the petitioners or not is purely a question of fact, which requires a full fledged trial and the same cannot be gone into while exercising inherent jurisdiction under Section 482 Cr.P.C. If this Court expresses any opinion, touching the merits of the case, the same may cause prejudice to either of the parties. 7 Viewed from factual or legal aspects, I am of the considered view that this is not a fit case to quash the proceedings at this stage. 8 The learned counsel for the petitioners submitted that the petitioner Nos.2 to 7 are facing much difficulty in attending the Court on each and every adjournment. There is no dispute with regard to the identity of the petitioners. Even if the presence of the petitioner Nos.

2 to 7 is dispensed with, no prejudice will be caused to the second respondent. Therefore, the presence of the petitioner Nos.2 to 7 who are respondent Nos.2 to 7 in DVC No.4 of 2014 on the file of the Court of the Judicial First Class Magistrate, Proddatur, YSR Kadapa District on each and every adjournment is hereby dispensed with. However, the petitioner Nos.2 to 7/respondent Nos.2 to 7 shall appear before the trial Court as and when their presence is required.

9 With the above observations, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.

____________________ T. SUNIL CHOWDARY, J Date: 4th December, 2015 Kvsn