Venkata Lakshamma v. The State of A.P & Anr.

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1814 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners-R.2 to R.4 seeking to quash the proceedings in D.V.C.No.53 of 2008 on the file of the Judicial First Class Magistrate, Kurnool. Heard. Complainant-R.2 filed an application invoking the provisions of Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act’), basing on which a case in D.V.C.No.53 of 2008 is registered. First petitioner is the mother-in-law and Second and third petitioners are sisters-in-law of the complainant respectively. Leaned counsel for the petitioners submits that the husband of the complainant is not before this Court. Complainant also sought protection under Section 18 of the Act from all the respondents, out of whom second and third petitioners (R.3 and R.4) are married and living separately along with their respective family members.

Hence, the question of their interfering with the affairs of the second respondent and her husband does not arise. As far as the other remedies are concerned, the second and third petitioners are no way connected with those reliefs because those provisions are for various remedies like financial assistance, custody of the child, etc., for which second and third petitioners cannot be a party to do. He further submitted that as far as the first petitioner is concerned, he is residing in another house, which neither stands in the name of the petitioners or in the name of the husband of R.2. It is also represented by the respondent’s counsel that after the misunderstandings cropped up, now the second respondent is residing separately. This Court heard the rival contentions of both sides and also perused the entire material on record. The complainant sought reliefs under Sections 18, 19, 20, 21 and 22 of the Act.

Section 18 of the Act deals with ‘Protection orders’, Section 19 deals with ‘Residence orders’, Section 20 deal with ‘Monetary reliefs’, Section 21 deals with ‘Custody orders’ and Section 22 deals with ‘Compensation orders’. This Court is of the view that the reliefs sought by the second respondent herein under Sections 19, 20, 21 and 22 of the Act can be granted only against the husband of the second respondent but not against these petitioners. As far as the Protection orders sought for under Section 18 of the Act are concerned, learned counsel for the petitioners submitted that the petitioners are ready to give undertaking to that effect and also informed this Court that the petitioners will not interfere with the affairs of the second respondent herein. In view of the submissions made by the petitioners’ counsel, this Court is of the view that the criminal proceedings against the petitioners can be quashed at this stage.