( 1 ) THIS Criminal Petition has been filed under Section 482 of Cr. P. C. by the respondents in Domestic Violence Case (DVC) No. 1 of 2006 on the file of the Additional Judicial Magistrate of first Class, nizamabad to quash the proceedings against them in the said case.

( 2 ) THE second respondent herein is the father of the aggrieved person and father-in-law of the first petitioner herein. He filed a complaint under Section 12 of the protection of Women from domestic Violence Act, 2005 (for short 'the Act') read with Rule 6 (1) of the Protection of Women from Domestic Violence Rules, 2006. The learned Magistrate took cognizance of the case and issued summons to the petitioners. The petitioners filed the present petition to quash the proceedings by contending that the first petitioner filed O. S. No. 112 of 2004 for restitution of the conjugal rights against the daughter of the second respondent and the same is pending for trial. The first petitioner is ready to take back the daughter of the second respondent and he is not sending his daughter along with the first petitioner. The daughter of the second respondent filed maintenance Case No. 2 of 2005 before the additional Judicial Magistrate of First Class, nizamabad seeking maintenance and the court granted interim maintenance of Rs. 1,000/- per month and during the course of examination, she admitted that there is no demand of dowry by the first petitioner. The second respondent also filed a private complaint against the petitioners and five others under Section 498-A IPC and the same is numbered as C. C. No. 885 of 2005 before the Additional Judicial Magistrate of first Class, Nizamabad. The learned Magistrate taken the present case on file without taking into consideration of pendency of the case between the parties and other circumstances. The daughter of the second respondent is separately living since May 2004 and from then onwards, the first petitioner has not seen her in anywhere except in the court. Therefore, there is no cause of action to file the present case. The petitioners 2 to 11 are living separate from 3-9-2004 and after partition they are no way concerned with the happenings between the first petitioner and the daughter of the second respondent. Therefore, the proceedings are liable to be quashed against the petitioners.

( 3 ) IN the present case, the petitioner/ the second respondent herein sought for the following reliefs.

( 4 ) THE petitioner on behalf his daughter requested the Court to pass an order awarding a sum of Rs. 65,000/- towards medical expenses incurred during the period of second child in the hospital and Rs. 35,000/-towards medical expenses to the first child and Rs. 1,000/- for the maintenance and expenditure of the petitioner's daughter and also Rs. 3,000/- for his daughter and her children per month towards maintenance.

( 5 ) IN the petition, the petitioner mentioned that her daughter lived with the first respondent/first petitioner herein for one year, as a result of which she gave birth to a male child. The petitioner has given all the customary jahez articles to the first respondent, which is still in his custody. After the birth of the child, the health of the petitioner's daughter deteriorated. But the first respondent was insisting the petitioner's daughter to come to his house immediately after cradle ceremony. Therefore, the differences arose between them and the petitioner's daughter joined the company of the first respondent against the medical advice and when she joined the first respondent, her position was like a maidservant. The first respondent started demanding of rs. 2,00,000/ -. During pendency of the maintenance proceedings, the petitioner's daughter gave birth to a female child. Despite informing the said information to the first respondent, he did not give the cash for medical expenses and the respondents 2 to 10 abetted the first respondent to disown his liability and responsibility towards petitioner's daughter

Click Here to Read the rest of this document