Sri Pasupuleti Vijaya Kumar vs The State Of Andhra Pradesh
2022 Latest Caselaw 432 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                    CRIMINAL PETITION No.300 of 2022
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.No.7 of 2021 on the file of the

learned Special Judicial Magistrate of First Class - cum - III

Additional Junior Civil judge, Eluru, West Godavari District.


          Heard learned counsel for the petitioners and the learned

Additional Public Prosecutor for the 1st respondent/State.

The petitioners are respondents 1 to 4 in D.V.C.No.7 of 2021

on the file of the learned Special Judicial Magistrate of First Class

- cum - III Additional Junior Civil judge, Eluru.

Learned counsel for the petitioners would submit that a

divorce petition was filed by the complainant herein on the

grounds of cruelty and the said divorce petition was dismissed and

the grounds of cruelty urged by her are not proved in the said case.

Thereafter, she has filed the present D.V.C case on the same

allegations of cruelty. Therefore, he would submit that the present

proceedings amount to abuse of process of Court and thereby

sought for quash of the said proceedings. In support of his

contention, learned counsel for the petitioners relied on the

judgment of this Court in the case of Giduthuri Kesari Kumar V.

State of Telangana1.

A perusal of the aforesaid judgment shows that this Court

has clearly held that petition to quash under Section 482 Cr.P.C of

the D.V.C proceedings is maintainable only when domestic

relationship is not existing as contemplated under Section 2(f) of

2015 (2) ALD (Crl.) 470

the D.V.C Act between the parties and when the petitioners are

acquitted in a case filed against them under Section 498A IPC on

identical grounds.

In the instant case, admittedly it is not the case of the

petitioners that they have been acquitted in a case under Section

498A IPC said to have been launched by the complainant. It is

only on the sole ground that her divorce petition was dismissed

and that alleged cruelty urged by her is not proved, this petition for

quash is filed. So, the petitioners cannot seek quash of the said

D.V.C proceedings by relying on the ratio laid down in the above

judgment. The facts of the said case are distinguishable. As per the

facts of the reported judgment, that was a case where the

petitioners therein were acquitted of the charge under Section

498A IPC. Therefore, it is held that quash petition is maintainable.

So, the said judgment is not applicable to the present facts of the

case. The other issues raised in this Criminal Petition pertain to

disputed question of facts, which require evidence and

appreciation of the same. So, the trial Court has to adjudicate the

same in the final adjudication of the said D.V.C case. At this stage,

this Court does not see any valid legal ground emanating from the

record warranting its interference under Section 482 Cr.P.C to

quash the said D.V.C proceedings as sought for by the petitioner.

So, the Criminal Petition is devoid of merit.

Resultantly, the Criminal Petition is dismissed.

Miscellaneous petitions, if any pending, in the Criminal

Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 28.01.2022 AKN

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.300 of 2022

Date: 28-01-2022 AKN