Criminal Petition No.4140 of 2010

1. This petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in D.V.C.No.1 of 2010 (D.V.C.) on the file of the Court of II Additional Judicial Magistrate of First Class, Kothagudem.

2. The petitioner is the respondent and the second respondent is the complainant in the DVC case. The respondent filed the complaint under Sections 12, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act’) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation.

3. For the sake of convenience, I refer the parties as arrayed in the DVC. It is pleaded and alleged in the complaint as follows.

4. (a) The complainant is the legally wedded wife of Chembeti Chinna Koteshwar Rao, whereas their marriage took place as per Hindu Rites and Customs on 15.11.2008. In fact, her husband was first married to one Uma Maheshwari, daughter of the respondent on 11.8.2000 and a girl by name Keerthi who is aged 7 years was born to them. On 7.3.2008 Uma Maheshwari died. The respondent used to reside in their house as family member. In fact