THE HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION NO.1270 OF 2008 DT.22.07.2010 Between: Dirisam Chiranjeevi and another …………..Petitioners Vs. State of A.P., represented by Public Prosecutor, High Court of A.P., Hyderabad and another ………….Respondents O R D E R: This petition under Section 482 of Code of Criminal Procedure is filed to quash all the proceedings in D.V.C.No.1 of 2008 pending on the file of II Additional Chief Metropolitan Magistrate, Vijayawada. The petitioners are respondent Nos.2 and 3 in D.V.C.No.1 of 2008, which was registered on a report given by the second respondent- complainant seeking Residence Order under Section 19 (1) (a) (c) of Protection of Women From Domestic Violence Act, 2005 (for short ‘the Act’). In a similar matter, this Court by order, dated 08.07.2010 in Crl.P.No.963 of 2008 held that the petitioners cannot be punished for any offence under the Act; that only on violating the Protection Orders passed under Section 19 of the Act, the Magistrate can proceed under Section 31 of the Act and can summon the violators to show-cause as to why penalty for breach of the protection orders should not be imposed on them. Further, as per Section 32 of the Act, the offence under sub-section (1) of Section 31 of the Act shall be a cognisable and non-bailable one. Therefore, at the stage of passing of the orders in the Domestic Violence Case, the petitioners necessarily need not be present in the Court and that they can either be represented by any one of them or by an Advocate and necessarily, all the respondents have to be implemented in the Domestic Violence Case for implementation of the orders passed under Section 19 (1) (a) (c) of the Act. Further, the orders to be passed under Section 19 of the Act are of civil nature and only on passing the said orders, and if it is violated, then the petitioners can proceed under Section 31 of the Act. In view of the same, this Court is not inclined to quash the impugned proceedings at this stage. Accordingly, the criminal petition is disposed of directing the learned Magistrate to dispense with the presence of the petitioners and if so advised, they can be permitted to appear before the Magistrate either through one of the petitioner or by an Advocate representing them and pass appropriate orders. ________________ A.GOPAL REDDY J., Dt.22.07.2010 tjs