THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3142 of 2011 ORDER: Petitioner-Respondent approaches this Court with a prayer to quash the proceedings against him in D.V.C.No.7 of 2011 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada, whereby he is facing charge for the offence punishable under the provisions of the Protection of Women from Domestic Violence Act, 2005. 2. Heard both sides. 3. Learned counsel for the petitioner submitted that the de facto complainant, who is the wife of the petitioner herein is leading illegal intimacy with another person and she only deserted her husband and nothing wrong on the part of the petitioner and the present complaint is a false one. 4. Since the allegations against the petitioner are punishable under the provisions of the Protection of Women from Domestic Violence Act, 2005, this Court is not inclined to quash the proceedings against him at this stage and the petitioner is at liberty to raise all the points at the time of trial. In any event, as the matter arises out of matrimonial offences, wherein the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel. 5. With the above observation, the Criminal Petition is dismissed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 8th April 2011, Rns.