HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.3854 OF 2009 DATE: 09.12.2010 BETWEEN: Arkala Suvarna and another .. Petitioners And The State of Andhra Pradsh and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.3854 OF 2009 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by A4 and A5 to quash the entire proceedings in D.V.C.No.9 of 2008 on the file of the Judicial First Class Magistrate, Bodhan, Nizamabad District. I have heard the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent and Additional Public Prosecutor representing the State. It has been alleged in the D.V.C that the petitioners and the other respondents have been harassing the second respondent for additional dowry of Rs. 5 lakhs and had driven her out on 30.06.2008 on the pretext of Ashadamasam, and they never took her back to their house and continued to demand additional dowry. It was also alleged that a panchayat was convened in the presence of elders and even at the panchayat also, the petitioners and other accused demanded additional dowry. The learned counsel appearing for the second respondent would submit that since there are some allegations specifically made against the petitioners, the proceedings in D.V.C. 9 of 2008 cannot be quashed. However, it is the contention of the learned counsel appearing for the petitioners that they are no other than the sister and brother-in-law of the first accused (husband of the second respondent), who have been staying at Raichur, Karnataka State, the second petitioner was working as Deputy General Manager, BSNL, Raichur, Karnataka State and basing on her report, a case in Crime No. 289 of 2008 was registered by the Police, Bodhan against her husband, in- laws, and the petitioners, who are no other than the sister-in-law and her sister’s-in-law husband. The police having conducted investigation into the case, deleted the names of the petitioners and filed charge sheet. It is the submission of the learned counsel that since the names of the petitioners were omitted in the charge sheet filed under Section 498-A IPC, the present D.V.C.No.9 of 2008 was filed showing the same individuals including the petitioners as respondents. Perusal of the D.V.C., it reveals that though some allegations have been made, they appear to be ex facie lacking in truth and without any substance, only some sweeping allegations have been made against the petitioners. The provisions of Domestic Violence Act have quite often been misused by the parties and therefore, court should be extremely cautious while issuing process to the respondents. In view of the above stated reasons, it appears that there is no truth in the allegations leveled against the petitioners and since the second respondent is not entitled for any relief from the petitioners (respondents 4 and 5), who have been staying at Raichoor, Karnataka State, this Court is of the considered view that the petition is misconceived and if the case is proceeded against the petitioners, it is nothing but abuse of process of law. For the foregoing reasons, the entire proceedings in D.V.C.No.9 of 2008 on the file of the Judicial First Class Magistrate, Bodhan, Nizamabad District are hereby quashed in so far as the petitioners/respondents 4 and 5 are concerned. The criminal petition is allowed. _______________ R.KANTHA RAO,J Date: 09.12.2010 Kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRL. P.NO.3854 OF 2009 DATE: 09.12.2010