HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.1069 OF 2008 DATE:22-07-2010 BETWEEN Seema Nanda & others …Petitioners AND Smt. Rishi Kapoor & others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.1069 OF 2008 ORDER: This petition under Section 482 of Code of Criminal Procedure is filed to quash the proceedings in D.V.No.15 of 2007 pending on the file of X Metropolitan Magistrate, Malkajgiri in so far as the petitioners are concerned. In similar matter, this Court by order, dated 8.7.2010 in Crl.P.No.963 of 2008 held that the petitioners cannot be punished for any offence under the Protection of Women From Domestic Violence Act, 2005 (for short ‘the Act’), that only on violating the Protection Orders passed under Section 18 of the Act and Residence Orders 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 cognizable 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. 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 be proceeded 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 dismissed. The second petitioner, who is aged about 82 years, if so advised, can be represented by an advocate or by any one of the petitioners herein, before the Magistrate in the Domestic Violence Case. _______________ A. GOPAL REDDY, J. JUNE 24, 2010 Tsr.