THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5247 of 2008 Dated: 08.04.2011 Between: Khurshid Bee and another …..Petitioners And S. Jehra Bee and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5247 of 2008 ORDER: 1. Petitioners No.1 and 2 herein are stated to be the respondents No.2 and 3 in the Domestic Violence Case No.36 of 2008 on the file of Judicial First Class Magistrate, Kurnool. They filed this petition under Section 482 of Criminal Procedure Code for quashing the proceedings against them in the aforesaid Domestic Violence Case. 2. Heard Sri G.Venkat Reddy, learned Counsel appearing for the petitioners. He says that the 1st respondent herein Smt.S.Jehra Bee has been served and proof of service also been filed, but still she has not chosen to appear. 3. In the paper book filed by the petitioners, copies of her complaint and also the application filed by the concerned officials under the Prevention of Domestic Violence Act (for short, ‘the Act’) before the Judicial First Class Magistrate, Kurnool, are placed before this Court. A perusal of the same would show that in the application filed before the Judicial First Class Magistrate, Kurnool, the 2nd respondent claimed a sum of Rs.1,500/- per month for food, clothes, medications and other basic necessities, Rs.1,500/- per month for household expenses and Rs.3,000/- per month for any other expenses from the respondents therein. It is also be noted that in addition to the above amounts, the 2nd respondent also claimed a sum of Rs.4,00,000/- towards compensation under the provisions of the Act. 4. Petitioners No.1 and 2 herein, who are the respondents No.2 and 3 in D.V.C.No.36 of 2008, are the mother and sister of the 1st respondent’s husband and husband of the 1st respondent is the 1st respondent in the D.V.C.No.36 of 2008. The plea of the petitioners is that the 1st petitioner is an age old lady without any income and the 2nd respondent is a married lady living with her husband and both of them have nothing to do with the alleged cruelty and that they are also legally not liable to pay the maintenance or compensation amount to the 1st respondent and her children. 5. A perusal of the record shows that the above contention of the petitioners cannot be said to be without force. It may be noted that the petitioners No.1 and 2 are admittedly mother and sister of the husband of the 1st respondent herein. Even a perusal of the complaint copy dated 31.3.2008 would show that all the allegations made therein are only directed by the 1st respondent herein against her husband and not these petitioners. It is also seen that at the end of the said complaint, the 1st respondent made a request to the concerned officials to summon the petitioners herein and to hold reconciliation parts. Whatever may be the merits in that application for reconciliation, what should be noted is that the complaint of the 1st respondent and even the application filed on her behalf before the Judicial First Class Magistrate, Kurnool under the Act, do not show any material to conclude that the petitioners herein are also liable or under any legal obligation to provide maintenance amounts and other amounts to the 1st respondent herein and her children. 6. In these circumstances, I am of the considered opinion that the proceedings initiated against the mother and sister of the husband of 1st respondent cannot be said to be tenable. Accordingly, the proceedings against the petitioners in D.V.C.No.36 of 2008 are quashed and this petition is allowed. 7. It is however made clear that this order shall not in any way prejudice the claims of the 1st respondent herein against the petitioners herein, if she can show that she is entitled to any relief under the Act against them and she may file an appropriate application before the Judicial First Class Magistrate, Kurnool under the Act for such relief. _________________________ JUSTICE N.RAVI SHANKAR 8th April, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5247 of 2008 DATE: 08.04.2011