Busa Amarnadh vs The State Of Andhra Pradesh
2021 Latest Caselaw 5013 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                    CRIMINAL PETITION No.6918 of 2021

ORDER:-


          This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking

quash of proceedings in D.V.C.12 of 2021 on the file of the learned

II Additional Judicial First Class Magistrate, Tenali, Guntur

District.


          Heard learned counsel for the petitioners and learned

Additional          Public       Prosecutor          appearing      for   the   1st

respondent/State.

As per the judgment of the common High Court of Andhra

Pradesh and Telangana passed in the case of Giduthuri Kesari

Kumar Vs. State of Telangana1, it is held that petition under

Section 482 Cr.P.C for quash of the proceedings in DVC case is

maintainable only on two grounds i.e., when there is no domestic

relationship between the parties to the said DVC case and the

other ground is that when a contemporaneous criminal

proceedings initiated on the report lodged by the complainant

under DVC case that the accused therein are acquitted. It is only

on the aforesaid two grounds that the petition under Section 482

Cr.P.C for quash of proceedings in DVC case is maintainable.

The said two grounds are not existing in this case. The

petitioners seek quash of the proceedings in the present DVC case

on the ground that the 2nd respondent, who is the petitioner in the

2015 (2) ALD (Crl.) 470 (AP) = 2016 (1) ALT (Crl.) 358 (A.P.)

DVC case, lived with her husband only for two months and

thereafter discarded him and living separately and on the ground

that the allegations mentioned in the said DVC case are false. In

view of the dictum laid down in the aforesaid judgment, the said

two grounds are not valid legal grounds for quash of proceedings in

DVC case. Therefore, no legal grounds are existing or emanating

from the record in the present case warranting interference of this

Court under Section 482 Cr.P.C in exercise of its inherent powers

to quash the proceedings in the present DVC case. Therefore, this

Court does not find valid legal ground to admit the case even for

hearing.

Resultantly, the Criminal Petition, which lacks merit, is

hereby dismissed.

Miscellaneous petitions, if any pending, in the Criminal

Petition, shall stand closed.

______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 07.12.2021 AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.6918 of 2021

Date: 07-12-2021

AKN