IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE TWENTY SECOND (22ND) DAY OF NOVEMBER TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.1414 of 2010 Between: k. Ramadevi & another … Petitioners And: D. Hemasree & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.1414 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash further proceedings against the petitioners in DVC No.32 of 2009 on the file of the IX Metropolitan Magistrate, Kukatpally, Cyberabad. 2. Heard the learned counsel for the petitioners and the learned counsel for the first respondent-complainant, who appeared as party in person. Perused the record. 3. The first respondent herein filed DVC No.32 of 2009 against her husband D. Pradeep Kumar and the petitioners herein seeking various reliefs under Sections 18, 19, 20 and 22 of the Domestic Violence Act. The first petitioner is the mother and 2nd petitioner is the brother of the husband of the complainant. According to the complainant, she was married to the first respondent in DVC No.32 of 2009 on 22.02.2008 at Shirdi and after the marriage, they stayed at Vijayawada for 15 days and her husband promised to send her necessary papers from New Zealand and thereafter, there was no communication from him. Subsequently, he demanded dowry and also disclosed that he had a girl friend in US. It is further alleged by the complainant that her husband demanded her to give divorce. It is also alleged that the first petitioner herein supported her son i.e., husband of the complainant and she poured boiled water on the right hand wrist and demanded dowry and also took away all the ornaments of the first respondent. It is further alleged that the 2nd petitioner hit the first respondent with iron rod on the head, resulting in four stitches and also pushed her out of the house. The truth or otherwise of the said allegation has to come out only on evidence that may be let in during the enquiry in DVC. 4. Learned counsel for the petitioners would submit that whatever reliefs the complainant seeks can only be claimed against her husband, but not against the petitioners. As seen from the application filed before the learned Magistrate, the complainant is seeking various reliefs like protection order under Section 18, residence order under Section 19, monitory relief under Section 20, compensation or damages under section 22 and also prohibition of domestic violence by granting injunction against the respondents therein. The complainant has specifically alleged that the first petitioner-mother-in-law has taken away all her jewels and is therefore seeking return of them. She also alleged that the 2nd petitioner hit her with iron rod and caused bleeding injury on the head. She is also alleging that both the petitioners have instigated the husband and also followed his instructions in harassing the complainant. 5. In the face of such allegations made even against the petitioners and having regard to the nature of the reliefs prayed for by the complainant not only against her husband, but also against the petitioners under the provisions of the Special enactment, it is only just and proper that law is allowed to take its course by continuing the proceedings in DVC No.32 of 2009, instead of aborting them by invoking the inherent powers under Section 482 Cr.P.C. It is well settled that the inherent powers of this court under Section 482 Cr.P.C. cannot be invoked to scuttle the proceedings against the persons in respect of whom specific allegations have been made. The truth or otherwise of the said allegations can be tested only after necessary evidence is adduced during the course of trial. It is therefore, considered not a fit case to invoke the inherent powers of this court under section 482 Cr.P.C. and quash further proceedings in DVC No.32 of 2009 on the file of the IX Metropolitan Magistrate at Kukatpally, Cyberabad. 6. In the result, the criminal petition is dismissed. ____________________ G.V.SEETHAPATHY, J Date: 22.11.2010 bss