HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 4566 of 2008 Date: 19-08-2010 Between: Ch. Gayathri Naga Kumari and others …….. Petitioners and Venna Vankata Swapna and others ……… Respondents HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 4566 of 2008 ORDER: The petitioners, who are A-2 to A-4, approached this Court with a prayer to quash the proceedings against them in D.V.C.No.20 of 2008 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada. The main grievance of the defacto complainant-first respondent herein is as follows: “It is humbly submitted that the petitioner and the Respondent were of the legal wedded wife and husband and their marriage was solemnized on 3-2-06 and ever since the marriage, the respondent and his parents and his sister and brother harassed her physically and mentally for additional dowry and a case against the respondent, his parents U/s 498-A is pending. The respondent and his parents bored grudge against the petitioner as she lodged a police case, forcibly taken away the child by name Thanda Krishna who is aged about 1 ½ year from the custody of the petitioner. The child is very much in need of care, protection, love and affection of the petitioner. The petitioner also has reasonable apprehension that the respondent, his parents and his sister and brother will cause harm to the child as they are notorious in characters and has prior criminal records and as they are also threatening the petitioner to see the end of the child of the petitioner fails to withdraw the criminal case. Though the petitioner lodged a complaint with Patamata Police against the respondent and his parents for their high handedness and forcible manner in taking the child. Police advised the petitioner to approach the Court of Law as they have nothing to do. Under these circumstances, it is just and necessary to grant custody order of the child as the petitioner is the natural guardian of the child aged 1 ½ year. Therefore, the Hon’ble Court may be pleased to grant the custody order, directing the respondent to give the custody of the child by name Thanda Krishna and also order that the child shall be kept with the petitioner until he attains majority, in the interest of justice and equity.” This Court perused the entire record and also heard both the learned counsel. The learned counsel for the petitioner submitted that the relief sought by the first respondent herein, under Sections 21 and 23 of the Protection of Women from Domestic Violence Act, 2005, is for the custody of the child, whereas the husband of the first respondent also filed O.P.No.462 of 2008 for the custody of the child and an order was passed in his favour, which reads as follows: “Petition filed under Order 39 Rule 1 & 2 of CPC Read with Section 151 of CPC to restrain the Respondent, his subordinates, workmen, agents and antisocial elements from interfering illegally and taking away the forcibly the custody of the child viz Venna Tandava Krishna from the possession of the petitioner pending disposal of the above case. Upon motion made by the petitioner and upon hearing arguments, upon perusing affidavit, petition and documents, this court doth order that the respondent and his relatives or supporters are hereby restrained by way of interim injunction from taking away the minor child Tandava Krishna, aged 22 months forcibly from the custody of the petitioner in any manner pending disposal of the OP. However, the visiting rights of the respondent shall remain intact. Petitioner is directed to comply with the provisions of Order 39 Rule 3(A) of CPC.” Considering the facts and circumstances of the case and on perusal of the entire record, it is seen that the petitioners are no way concerned with any of the reliefs sought by the first respondent herein. Therefore, this Court is of the view that the proceedings against the petitioners in the domestic violence case are liable to be quashed. Accordingly, the Criminal Petition is allowed. The proceedings against the petitioners in D.V.C.No.20 of 2008 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada, are hereby quashed. Consequently, the miscellaneous petitions, if any, pending in the said domestic violence case are dismissed. _____________ RAJA ELANGO, J Date: 19-08-2010 YCR