IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.7409 of 2009 Between: L. Dinesh Babu .. Petitioner AND State of Andhra Pradesh and another .. Respondents ORDER: Heard Kum. M. Madhavi Priya, learned counsel, representing Sri Dama Seshadri Naidu, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for the first respondent. No notice is being ordered to the second respondent as the matter is being disposed of at the stage of admission. The petitioner is the husband against whom the second respondent-wife filed D.V.C.No.17 of 2009 on the file of IV Additional Judicial Magistrate of First Class, Chittoor. The petitioner claims that the domestic violence case does not disclose the necessary ingredients of either any offence or any domestic violence within the meaning of the Protection of Women from Domestic Violence Act, 2005, and as, prima facie, no case is made out against him, the proceedings have to be quashed. He also gives the background for the marital disharmony as per his version. But, it is seen from the domestic violence case that irrespective of the truth or otherwise of the allegations of the wife or the husband, still the reliefs sought for under Sections-18, 19, 20 and 22 of the Act cannot be considered to be, ex facie, unavailable to the wife. As the domestic violence case does not appear to be unsustainable on its face and as the allegations and denials by the wife and the husband respectively involved disputed questions of fact, the same cannot be the subject matter of invocation of inherent power under Section 482 of the Code of Criminal Procedure and the criminal petition cannot be sustained. Accordingly, the Criminal Petition is dismissed. _____________________ G. BHAVANI PRASAD, J Date: 17-09-2009 Ksn