Durgam Shankar & Ors. v. Durgam Laxmi @ Kummari Laxmi

HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6426 of 2007 ORDER: This petition under Section 482 of Cr.P.C. is filed to quash the proceedings in D.V.C.No.37 of 2007 pending on the file of Judicial Magistrate of First Class, Mancherial. The first respondent is the mother of the second respondent. The respondents 1 and 2 claiming to be the wife and daughter of first petitioner herein filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘Act’) seeking reliefs under Sections 18,19,20,21 and 22 of the Act. Further it is stated that the petitioners herein were convicted for the offences under Sections 417, 420 and 376 IPC in S.C.No.456 of 2005 on the file of Additional Assistant Sessions Judge (Fast Track Court) at Luxettipet against which, the appeal preferred by the petitioners is pending. The reliefs claimed by the respondents herein under Sections 18,19,20 and 21 are of civil nature namely, the protection order and residence order particularly restraining the petitioners dispossessing the respondents from the portion of the shared house and restraining the petitioners from entering into the portion of the shared house, which is in possession of respondents 1 and 2 and for payment of household expenses under Section 20 of the Act. Therefore, only on passing the said orders and if the said order is violated, proceedings under Section 31 of the Act can be initiated against the petitioners. Therefore, at this stage, quashing the impugned proceedings by this Court in exercise of jurisdiction under Section 482 Cr.P.C. does not arise. The Criminal Petition is accordingly dismissed. ________________ A. GOPAL REDDY, J. OCTOBER 08, 2010 Tsr.