IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD FRIDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2826 OF 2007 BETWEEN: V.V.N. Sastry S/o. LateSubramanyan …. Petitioner AND Smt. V. Venkata Naga Lakshmi Prasanna W/o. V.V.N. Sastry and another …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2826 OF 2007 ORDER: This Criminal Petition is filed by the petitioner – accused seeking to quash the proceedings against him in D.V.C. No.1 of 2007 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram, alleging that his son has initiated the above proceedings under the provisions of the Protection of Women from Domestic Violence Act (for short, ‘DVC Act’), showing respondent No.1 herein, wife of the petitioner, as aggrieved person, on the ground that the petitioner was not making any provision for her residence and the same was taken on file as D.V.C. No.1 of 2007 and that the same is not maintainable. 2. The only ground that was raised by the learned counsel for the petitioner is that respondent No.1 has already filed O.S. No.851 of 2006 on the file of the Principal Junior Civil Judge, Vizianagaram for injunction, restraining the petitioner either from evicting or dispossessing her from the house in Plot No.9, Jagadambanagar, Vizianagaram and the Court has already granted status quo, as such, the question of granting the same relief under the provisions of DVC Act may not arise. 3. If the relief sought for by the complainant in DVC case is the same relief as sought for in the suit by respondent No.1 herein, the petitioner cannot be prosecuted. But, as seen from Form No.1, Domestic Incident Report, filed by the son of petitioner, there was a mention of other acts of sexual nature, abusing, humiliating, degrading or otherwise violative of her dignity and preventing her accessing or using any part of the house are some of the allegations in the DVC case. The allegations in the complaint, if taken as correct at this stage, made out a prima facie case against the petitioner under DVC Act. Therefore, the question of quashing the proceedings under the DVC Act does not arise. 4. Hence, the Criminal Petition is dismissed. ____________ K.C. BHANU, J July 09, 2010 KTL