THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.7528 of 2007 Date of Order:20.01.2011 Between: K.L.N.Prasad and others ..Petitioners and 1. S.M.Devasena and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.7528 of 2007 ORDER :- This petition under Section 482 of Cr.P.C. to quash the proceedings initiated against the petitioners in D.V.C.No.7 of 2007 on the file of IV Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Chittoor. Respondent/wife filed the domestic violence case against the petitioners under Sections 12, 18, 19 and 20 of the Dowry Prohibition Act, 1961 (for short, “the Act”). There is no dispute with regard to the factum of marriage between the de facto complainant and petitioner No.1, which was performed on 06.02.1995. Petitioner Nos.2 and 3 are parents of petitioner No.1. After the marriage, petitioner No.1 and the de facto complainant lived for some time at Mumbai, where petitioner No.1 worked till 30.09.1995, and as disputes arose between them, the de facto complainant went to Chittoor. The de facto complainant filed O.S.No.194 of 1997 seeking maintenance, whereas petitioner No.1 filed H.M.O.P.No.34 of 1999 for divorce before the Principal Senior Civil Judge, Chittoor. On the de facto complainant lodging a complaint, a case was registered for the offence punishable under Section 498A IPC and under Section 4 of the Act, against the petitioners and they were convicted for the said offences by the Judicial First Class Magistrate- cum-Special Mobile Court, Chittoor. On appeal in criminal appeal No.34 of 2002, the petitioners were acquitted. The suit filed by the wife seeking maintenance was decreed and the H.M.O.P. filed by petitioner No.1 was dismissed, against which appeal is pending. Under those circumstances, the respondent/wife filed the above D.V.C. seeking protection orders under Section 18 and resident orders under Section 19 of the Act. The resident orders can be passed against the respondents in the D.V.C. from interfering with the possession of the aggrieved person in domestic violence cases. Merely because the Magistrate trying the proceedings under the D.V.C. Act is governed by the procedure under Criminal Procedure Code, itself will not convert the proceedings into criminal proceedings, since the resident orders under Section 19(1) (a) to (f) will not be of criminal nature but are of civil nature. The relief can be granted by the civil court which was now conferred the jurisdiction to the Magistrate under the D.V.C.Act. Certain acts namely aiding or abutting acts of domestic violence under section 18(b)(c) of the Act will not amount to offences. Sub- Section (2) of Section 28 of the Act also will not prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23 of the Act. Therefore, prima facie, the wife is entitled to protection as referred to under Sections 18 and 19 of the D.V.C.Act, but the said proceedings cannot be quashed merely on the ground that the petitioners are acquitted of the charges under Section 498A IPC. But the nature of the relief claimed by the wife will assume importance in quashing the proceedings only after adjudicating the proceedings in the D.V.C. When the orders are sought to be enforced under Section 31 of the Act i.e., for breach of protection orders or of an interim protection orders etc., the petitioners can complain that in spite of the acquittal, framing of a charge again under Section 498A IPC as per Section 31(3) of the Act, is nothing but an abuse of process, but it cannot be presumed at this stage that the Magistrate will again frame a charge for the offence under Section 498A or under D.P.Act and try the same, since the petitioners are acquitted of the said charge by a competent criminal Court. Therefore, this Court does not see any merit in the contention advanced by the learned counsel for the petitioners that the proceedings under the D.V.C. cannot be initiated on acquittal of the petitioners for the offence under Section 498A IPC. The Criminal Petition is, accordingly, dismissed. _________________ A.GOPAL REDDY, J January 20, 2011 Lmv