ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is filed by the petitioners/R2 to R4, to quash the proceedings against them in D.V.C.No.1/2022 on the file of the Judicial First class Magistrate at Achampet, Nagarkurnool District.

2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3. The 2nd respondent herein who is the petitioner in DVC filed the petition under Section 12 of the Protection of Women from Domestic Violence Act 2005, against her husband (R1) and these three petitioners (R2 to R4).

4. The main ground on which the learned counsel appearing for the petitioners is urging to quash the proceedings is that this Court in Crl.P.No.3924 of 2022 by order dt.20.12.2022 quashed all further proceedings against these petitioners. However, the proceedings were directed to be continued against Accused No.1/Husband. The said husband is not the petitioner in the present application.

5. On the other hand, learned counsel appearing for the complainant/2nd respondent would submit that the presence of the petitioners would not be necessary, however, since prayer is made in the DVC application against these petitioners also, proceedings cannot be quashed and shall continue against these petitioners.

6. This Court in Giduthuri Kesari Kumar and others v. State of Telangana1 held that quashing proceedings in a DVC cannot be maintained by the relatives of the husband. However, exception would be in the event of the prosecuting parties who are prosecuted in DVC can prefer an application under Section 482 of Cr.P.C. when domestic relations does not exist as mentioned under Section 2 F of the DVC Act and also when the competent Court has acquitted on the allegations which are identical to the allegations leveled against, in the domestic violence case.

7. The allegations made by the prosecution under Section 498-A of Indian Penal Code and the allegations against these petitioners are one and the same in both the cases. This Court having found that the proceedings against these petitioners who are A2 to A4 in the criminal case cannot be continued on account of the vague and omnibus allegations which are leveled, quashed the proceedings.

The said order has become final.

1 2015 SCC Online Hyd 18

8. In the present case, there are no specific reliefs which are sought against these petitioners. The question of intervention of these petitioners in the life of the 2nd respondent/complainant and her husband does not arise. For the said reasons, both on facts and also for the reason of the proceedings being quashed in 498-A of Indian Penal Code, the proceedings against these petitioners in DVC are also liable to be quashed.

9. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/R2 to R4 in D.V.C.No.1/2022 on the file of the Judicial First class Magistrate at Achampet, Nagarkurnool District, are hereby quashed.

Miscellaneous petitions, if any, pending, shall stand closed.

_________________ K.SURENDER, J Dt. 02.02.2023 tk THE HON(cid:146)BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9929 OF 2022 Dt. 02.02.2023 tk