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THE HONOURABLE SRI JUSTICE A.GOPAL REDDY
Criminal Petition No.963 of 2008
Valisetti Chandra Rekha.
2. Kota Satyanarayana Rao.
The State of A.P., rep by its Public Prosecutor,
High Court of A.P.
2. Kota Kamala Devi.
Counsel for the Appellants: Sri K.Srinivas
Counsel for the Respondent No.1: Public Prosecutor
:ORDER: Petitioners, who are respondent Nos.3 and 5 in the Domestic Violence Case No.25
of 2007 on the file of VI Additional Munsif Magistrate, Guntur for the offences
punishable under Sections 18, 19 and 20 of the Protection of Women from Domestic
Violence Act, 2005 (for brevity, "the Act"), filed this petition to quash the
proceedings initiated against them.
The petitioners cannot be punished for any offence under the Act. Only on
violating the Protection Orders passed under Section 18 of the Act and Residence
Orders under Section 19 of the Act, the Magistrate can proceed under Section 31
of the Act and can summon the violators to show cause why penalty for breach of
the protection should not be imposed on them. Further as per Section 32 of the
Act, the offence under sub-section (1) of Section 31 of the Act shall be a
cognisable and non-bailable one. Before passing any orders, summons have to be
served on the respondents and they can either appear before the court or can be
represented by an Advocate for passing appropriate orders under Section 18 or 19
of the Act. In view of the same, issuing of summons and non-bailable warrants
for their presence, is not at all warranted, at the stage of passing of the
protection orders or residence orders by the concerned Magistrate. On issuing
such Non-bailable warrants on the presumption that they have committed the
offence under the Act, the petitioners approached this Court for quashment of
Since the resident orders can be passed against all the respondents, preventing
them from interfering with the possession of the aggrieved person in the
Domestic Violence Case, mere impleadment of the petitioners in the in the
Domestic Violence Case, does not give raise to a criminal offence to quash the
proceedings at the initial stage.
The Criminal Petition is accordingly dismissed. However, the learned Magistrate
is directed to proceed with the matter without taking coercive steps for the
appearance of the petitioners. If the petitioners chose not to represent in the
matter, ex parte orders can be passed and only if they violate the orders, they
can be proceeded under Section 31 of the Act as referred above.