The main legal point established in the judgment is the requirement of intentional residence in a shared household as per the definitions in the Protection of Women from Domestic Violence Act, 2005, and the application of this requirement to determine the maintainability of the proceedings.

ORDER :

1. This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashment of proceedings in D.V.C.No. 40 of 2018 on the file of Judicial Magistrate of First Class for Trial of Prohibition and Excise Offences, Nellore.

2. Respondent No. 1 and her minor daughter No. 2 are the applicants in the above said D.V.C. Respondent No. 3 is the State.

3. Sri V.Eswaraiah Chowdary, learned counsel appearing for petitioners, Kum Grandhi Priyanka, learned counsel representing Sri V.V.Satish, learned counsel appearing for respondent Nos.1 and 2 and learned Assistant Public Prosecutor representing respondent No. 3 submitted arguments.

4. Since D.V.C.No. 40 of 2018 is sought to be quashed, it is relevant to notice what is there in that application.

5. An aggrieved woman and her minor daughter filed the said D.V.C. under Sections 12, 23(2), 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act, 2005’). The reliefs claimed in the said application are extracted here:

(a) To grant protection orders prohibiting the acts of Domestic Violence Right against 1st respondent and his family members from repeating any of the acts of Domestic Violence.

(b) Directing 1st respondent to pay monthly maintenance of Rs.50,000/- (Rupees Fifty thousand only) per month to aggrieved person and 2nd petitioner i.e., minor daughter towards food, cloth day to day needs as per the social status of my husband.

(c) Directing 1st respondent to pay Rs.10,000/-towards medical expenses.

(d) Directing 1st respondent to provide share in the house and to allow the 1st petitioner i.e. aggrieved person to reside in his house or secure the same level of alternative accommodation at Adapareddypalli Village, Tirupathi Rural, Tirupathi and pay rent, electricity bill and water charges of Rs.15,000/-p.m. as per the social status of 1st respondent u/s 19(1) of the D.V.C. Act 2005 and also direct the Station House Officer of concerned police station at IV Town P.S., Nellore to give protection to 1st petitioner.

(e) Directing 1st respondent to return my Stridhanam given at the time of marriage, that is dowry of Rs.5,00,000/-, Rs.5,00,000/-towards purchase of car and gold ornaments weighing 50 sovereigns and also Rs.5,00,000/-towards marriage expenses and other household articles.

(f) Directing 1st respondent to pay compensation of Rs.30,00,000/-for having subjecting aggrieved person to harass of physical and mental with his illegal demand and causing irreparable loss to aggrieved person and to 2nd petitioner minor daughter.

(g) Directing 1st respondent to pay the alimony of Rs.3,00,00,000/-(Rupees Three Crores only) to 1st petitioner i.e., aggrieved person and to 2nd petitioner i.e., minor daughter throughout life if 1st petitioner do not to restore the marital fold.

6. The reliefs claimed in the application which are extracted above would indicate that all the reliefs have been claimed as against respondent No. 1 therein and only protection order is sought as against respondent No. 1 as well as his family members. Sri M.Parasurami Reddy and Smt. M.Vijaya Kumari are spouses. They have four sons. One such son is Sri M.Prathap Reddy. Smt. Kalathuru @ Mummireddygari Srivani married that Sri M.Prathap Reddy. They are Hindus and the marriage was solemnized in accordance with Hindu rites and customs on 09.10.2011 at Tiruchanur near Tirupathi. During their wedlock they were blessed with a daughter by name Kalathuru @ Mummireddygari Adhyasri, who is shown aged four years by the time D.V.C.No. 40 of 2018 was filed. The wife and her daughter as aggrieved persons presented the said D.V.C. as against the husband of the first applicant and his siblings and parents showing them as respondent Nos.1 to 5 therein. It is those respondents in that D.V.C. who have moved the present criminal petition.

7. A perusal of the D.V.C. application would show that the aggrieved woman’s husband and in-laws and the siblings of her husband all are natives of Adapareddypalli Villa