HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.2478 of 2010 ORDER: This Criminal Petition is filed by the petitioners seeking to quash the proceedings initiated against them in D.V.C.No.47 of 2009 on the file of the Judicial Magistrate of First Class, Kurnool, Kurnool District. 2. Facts, in brief, are that the 2nd respondent filed a complaint before the Judicial Magistrate of First Class, Kurnool, against her husband and parents-in-laws, who are petitioners herein, for the reliefs under Sections 18F, 19F, 20(1), 21 and 22 of Protection of women from Domestic Violence Act, 2005, (for short “the Act”) alleging that she was given in marriage to the son of the petitioners on 24.02.2007 and at the time of marriage, her parents gave Rs.8 lakhs towards dowry, gifts and household articles. After marriage, she left for Japan with her husband whereat her husband used to harass her. Subsequently, she returned to India in the month of November 2007 for delivery. Since then, her husband is not showing any interest towards her as well as her baby and neglecting them. She was also subjected to domestic violence in the hands of the petitioners and her husband. Having received the complaint, the learned Magistrate numbered the same as D.V.C.No.47 of 2009. Questioning the same, the petitioners filed the present criminal petition. 3. Heard both sides. 4. It is mainly contended by the learned counsel for the petitioners that no allegations are made against the petitioners and the entire allegations are made against the husband of the 2nd respondent. The learned counsel for the 2nd respondent opposed the same. 5. No doubt, there are some allegations against the petitioners herein. But, in my considered view, the said allegations are not sufficient to bring home the guilt of the petitioners as if they have committed any act contrary to the provisions of the Act. In the light of the same and in view of the fact that the petitioners are aged 66 years and 62 years respectively, this Court feels that continuation of proceedings against the petitioners in D.V.C.No.47 of 2009 is nothing but abuse of process of Court. 6. Accordingly, the Criminal Petition is allowed and the proceedings in D.V.C.No.47 of 2009 on the file of the Judicial Magistrate of First Class, Kurnool, in so far as the petitioners herein are concerned, are hereby quashed. However, it is made clear that as there are allegations against the 1st respondent in D.V.C.No.47 of 2009, who is husband of 2nd respondent herein, the Court below may proceed against him, in accordance with law. _______________________________ GOPALA KRISHNA TAMADA,J 18th June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.2478 of 2010 (Allowed) Date:18-06-2010 CBS