THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.Nos.5008/2008 and 6268 of 2009 and CC No.846/2009 Dt.9-9-2010 Crl.P.No.5008/2008: 1. Naraharisetty Ramakrishna and others ..Petitioners/A-1 to A-6 V. 1.The State of A.P. represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, and another. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.Nos.5008/2008 and 6268 of 2009 and CC No.846/2009 COMMON ORDER The petitioners who are arrayed as A-1 to A-6 in Cr.No. No.39/2008 on the file of Police Station, Bantumilli, registered for the offence punishable under Section 498-A r/w 34 IPC filed the Cril.P. N0. 5008/2008 under section 482 Cr.P.C., to quash the proceedings initiated against them. This court by order dt. 11-8-2008 stayed all further proceedings in the crime. Meanwhile, police after due investigation into the said crime filed charge sheet on 28-7-2008 before the Judicial First Class Magistrate, Bantumilli. On filing the said charge sheet, the same was taken on file in CC No.73/2008. Alleging that the respondents filed charge sheet violating the interim orders passed by this court dt.11-8-2008 in Crl.P.No.5008/2008, the petitioners in Crl.P.No.5008/2008 filed CC No.846/2009 before this court. This court after noticing that even before granting of stay police laid charge sheet, stayed the trial of CC No.73/008 in Crime No.39/2008 on the file of Judicial Magistrate of First Class, Bantumilli on 10-7-2009. Meanwhile, the second respondent wife-defacto complainant moved an application before the Protection Officer, Office of the Project Director, District Women and Child Welfare Department, Vijayawada, Krishna District, seeking protection orders under Sec.18; residence orders under Sec. 19; for monetary relief under section 20 and custody of the minor child under section 21 of the Protection of Women from Domestic Violence Act,2005. The same was forwarded to the Court of II Additional Chief Metropolitan Magistrate-cum-Mahila Magistrate Court Vijayawada, where it was numbered as DVC No.36/2009. To quash the proceedings in DVC No.36/009, the petitioners 1 to 3 in Crl.P.No.5008/2008 filed Crl.P.No.6268/2009. When it is pointed out to the leaned counsel for the petitioners in all the cases that on filing charge sheet in Cr.No.36/2008, no relief can be granted as it has become infructuous, the learned counsel seeks permission of the court to withdraw Criminal Petition No.5008/2008. Similarly, when no orders, as such, have been passed in DVC No.36/2009 and the reliefs claimed under Sections 18,19,20 and 21 are of civil in nature and on passing orders, if the party breaches the same, penalty for breach of protection order is provided under Sec.31, which is an offence to be proceeded against the persons who violated the orders. Therefore, quashing of the proceedings initiated in DVC at this stage is not desirable. Upon which, learned counsel for the petitioners fairly conceded to withdraw Crl.P.No.6268/2009. In view of the withdrawal of Crl.P.No.5008/2008, learned counsel for the petitioners in CC No.846/2009 states that he is not pressing the contempt case and the same may be dismissed with a liberty to the petitioners therein to avail the remedies as are available under law. Accepting the request of the learned counsel for the petitioners, Crl.P.Nos.5008/2008 and 6268/2009 are dismissed as withdrawn; and CC No.846/2009 is dismissed as not pressed, granting liberty to the petitioners to avail the remedies as are available under law before the appropriate forum, if so advised. ______________ A.GOPAL REDDY,J Dt.9-9-2010 kmr