2018 Supreme(AP) 159
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
GUDISEVA SHYAM PRASAD, J.
Kotagiri Ashwini & others - Appellants
Vs.
The State of Andhra Pradesh & another - Respondents
Criminal Petition No. 10002 of 2013
Decided On : 03-04-2018
Advocate Appeared:
For the Appellants : Sri C. Ramesh Sagar
For the Respondents: Learned Public Prosecutor
Headnote:
Domestic Violence Act, 2005 - Sections 12, 18, 19, 20 and 22 - Criminal Petition - It is alleged in the complaint filed by the 1st respondent that her marriage was performed with her husband and at the time of marriage, her parents have presented gold weighing 25 tolas, kg silver to her husband, and 2 tolas gold to her apart from house hold articles, furniture and cash - After marriage, she resided with her husband in her matrimonial house and the petitioners 1 and 2 who are sisters of her husband have quarreled with her saying that her parents presented 1 tola of gold but it weighed only 10 grams and not 12 grams and also whether she had any boyfriend before marriage - Held, As far as the present case is concerned, there are allegations against the petitioners - It is alleged that at the time of marriage the parents of the defacto complainant presented cash and gold articles and household articles to her husband, but her husband and the petitioners herein have harassed her physically and mentally for additional dowry and her husband used to come in drunken condition and beat her - Truth of the allegations can be verified only at the time of trial - In the light of the decisions referred above and in view of the submissions made by the learned counsel for the petitioners, this Court is of the considered view that it is not a fit case for quashing the proceedings against the petitioners - Petitioners may approach the trial court and seek appropriate remedies available under Domestic Violence Act - Petitioners have already been granted interim stay and it is appropriate to dispense with their presence during the trial - Therefore, the presence of the petitioners is dispensed during the trial and except on the occasions insisted by the trial court - Petition disposed of. (Paras 10, 11)
What is the scope of reliefs under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005, and whether they are civil in nature?
What are the circumstances under which a petition under Section 482 Cr.P.C. can be quashed in DV cases, considering this High Court’s guidelines (Bhajanlal principles) and related judgments?
How to determine whether petitioners, who are not residing with the defacto complainant, can be roped in the DV proceedings, and what are the implications for quashing in the present case?
This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in DVC No.12 of 2013 on the file of Additional Judicial Magistrate of First Class, at Armoor (for short, the trial Court).
2. Brief facts of the case are that the 1st respondent herein is the wife of one Muthyapu Hareesh, who is the 1st respondent in DVC No.12 of 2013. The petitioners herein are respondents 3 to 7 in the said DVC No.12 of 2013.
The 1st respondent filed an application before the trial Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, the DVC Act) seeking reliefs under Sections 18, 19, 20 and 22 of the Act.
It is alleged in the complaint filed by the 1st respondent that her marriage was performed with her husband on 17.11.2010 in Kalyana Mandapam in Armoor village of Nizamabad District, and at the time of marriage, her parents have presented gold weighing 25 tolas, kg silver to her husband, and 2 tolas gold to her apart from house hold articles, furniture and cash of Rs.1,00,000/-. After marriage, she resided with her husband in her matrimonial house and the petitioners 1 and 2 who are sisters of her husband have quarreled with her saying that her parents presented 1 tola of gold but it weighed only 10 grams and not 12 grams and also whether she had any boyfriend before marriage. It is alleged that she has done MCA and her husband has not done graduation and, therefore, he developed inferiority complex and started harassing her by coming home in drunken condition and beating her saying whether she received any call from her boyfriend. It is also alleged that petitioners 1 and 2 used to instigate her husband saying that he is handsome and therefore they would perform another marriage to him with a beautiful girl as the complainant is not beautiful. It is also alleged that her husband and in-laws demanded additional dowry and when her parents came to her matrimonial house at Jagtial to invite her husband and in- laws for Sankranti festival, they said they would come only if they were presented gold. It is alleged that her husband complained about her chastity and father in law beat her and they obtained her signatures on blank papers. Unable to bear their harassment, the defacto complainant filed the aforesaid DVC case against her husband and in-laws.
Seeking to quash the proceedings in DVC No.12 of 2013, the petitioners herein, who are respondents 3 to 7 in the said DVC, filed the present criminal petition.
3. Heard the arguments of learned counsel for the petitioners and the learned Public Prosecutor and the learned counsel for 2nd respondent-defacto complainant.
4. Learned counsel for the petitioners submits that the petitioners 1 and 2 herein are the sisters of the respondent No.1 in the DVC No.12 of 2013, and petitioners 3 and 4 herein are their husbands. It is submitted that the petitioners herein were residing at different places and they are in no way connected with the commission of acts of domestic violence and therefore they cannot be roped in along with the husband who was residing with the defacto complainant and therefore sought for quashing of proceedings against the petitioners herein.
5. Learned Public Prosecutor submits that in view of the judgment rendered by this Court in Giduthuri Kesari Kumar & Ors. Vs. State of Telangana & Ors., Crl.P. Nos.7289 of 2014 and batch wherein it was clearly held that the proceedings under section 18 to 22 are in the nature of civil reliefs, therefore, the petition for quashing the proceedings under section 482 Cr.P.C., is not maintainable. In the said judgment this Court held at para No.10 as under:-
“10. So, a study of statement of objects and reasons would show that though the domestic violence against women was addressed to some extent by the penal law under Section 498A, the same was not addressed by the civil law it was felt. Hence, Protection of Women from Domestic Violence Act was brought into force w.e.f. 26.10.2006. The reliefs s