Criminal Petition No. 1540 of 2011 · Andhra Pradesh High Court

The petitioner is the first respondent in D.V.C.No.17 of 2010 on the file of the II Additional Judicial Magistrate of First Class, Kothagudem. He filed this petition under Section 482 Cr.P.C to quash the proceedings in D.V.C.No.17 of 2010. Heard learned counsel appearing for the petitioner and perused the material placed on record. Learned counsel appearing for the petitioner submits that the second respondent filed two criminal cases, one under Section 498-A I.P.C and another under Section 494 I.P.C. and both the cases ended in acquittal. A further submission has been made that second respondent filed M.C and the said M.C came to be allowed granting maintenance at Rs.2,000/- per month. In this background, according to learned counsel appearing the petitioner, initiation of proceedings by second respondent under Domestic Violence Act, 2005 is abuse of process of Court and therefore the proceedings in D.V.C.No.17 of 2010 are liable to be quashed. The relationship between the petitioner and second respondent subsists as on this day. The other aspect whether the cases filed ;by the second respondent ended in acquittal is required to be agitated by the petitioner before the II Additional Judicial First Class Magistrate, in D.V.C.No.17 of 2010. The petitioner as well can appear before the II Addl. Judicial First Class Magistrate, Kothagudem and place on record his counter and resist the proceedings. This is not a fit case to quash the proceedings in D.V.C.No.17 of 2010 in exercise of powers under Section 482 Cr.P.C. Accordingly, Criminal Petition is dismissed. _________________________ B. SESHASAYANA REDDY, J 21st February, 2011 Vjl