THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3275 of 2008 (Dated :05-8-2010) Between: S.Venkata Ramana and others …Petitioners A n d The State of A.P., rep. By The Public Prosecutor, High Court of A.P. And others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3275 of 2008 ORDER: This Criminal Petition has been filed by the respondents in D.V.C. No.6 of 2007 on the file of the Additional Judicial First Class Magistrate, Nizamabad with a prayer to quash the proceedings therein. 2. The 1st petitioner and 2nd respondent are husband and wife. They got married on 28.02.1996. They were blessed with two children out of the wedlock and they are aged 9 years and 7 years respectively as on this day. The marital life between the parties ran in rough weather leading to filing of various criminal cases. The husband filed O.P.No.29 of 2004 on the file of Senior Civil Judge, Jagtial seeking for divorce and also cheating case against the wife and whereas the wife filed maintenance case and also complaint for the offence under Section 498-A I.P.C. It is also stated that the wife, as guardian of the children, filed a partition suit. It can be said without any hesitation that the marital life between the parties landed in trouble and they went beyond the stage of reconciliation. 3. The wife initiated proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005 ( 43 of 2005). On a report being presented in Form –I by the Project Director, District Women and Child Development Agency, Nizamabad, the learned Additional Judicial First Class Magistrate, Nizamabad took the report on file as D.V.C.No.6 of 2007. Hence, this petition by the respondents in D.V.C.No.6 of 2007 with a prayer stated supra. 4. Heard learned counsel appearing for the petitioners and learned counsel appearing for the 2nd respondent. 5. Learned counsel appearing for the petitioners submits that the petitioners 2 and 3 are parents of the 1st petitioner and they are under no obligation to pay any maintenance to the 2nd respondent or provide residence to her. A further submission has been made that the petitioners 2 and 3 are in no way concerned with the marital life of the petitioner No.1 with the 2nd respondent. 6. Learned counsel appearing for the 2nd respondent submits that the matter is pending before the Additional Judicial First Class Magistrate, Nizamabad and the petitioners yet to respond to the notices sent by the Court. 7. The question whether the petitioners 2 and 3 are liable to pay the amount claimed by the 2nd respondent or there is any obligation on the part of petitioners 2 and 3 to provide residence to the 2nd respondent is required to be examined by the trial Court. The petitioners can as well appear before the trial Court and respond to the pleas advanced by the 2nd respondent herein. It is not a fit case to quash the proceedings in D.V.C.No.6 of 2007. However, the petitioners are at liberty to appear before the Additional Judicial First Class Magistrate, Nizamabad and put up their response to the averments made in the petition filed by the 2nd respondent. 8. Accordingly, the Criminal Petition is dismissed. _____________________ B.SESHASAYANA REDDY, J Dt.05-08-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3275 of 2008 (Dated :05-8-2010)