PANANGIPALLI VENKATA CHALAPATHI RAO Vs. BANDARU ATCHUTA SWETHA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. Also heard learned counsel for the 1st respondent/complainant and the learned Assistant Public Prosecutor appearing for the 2nd respondent-State.

(2.) The present Criminal Petition is filed seeking to quash the proceedings against the petitioner/5th respondent in D.V.C.No.1 of 2021 on the file of the Court of Learned Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Peddapuram, East Godavari District, on the premise that there is no domestic relationship between the petitioner and the 1st respondent herein.

(3.) The learned counsel for the petitioner, inter alia, submits that the petitioner, who is arrayed as the 5th respondent in the said D.V.C, is a "friend" of the husband of the 1st respondent. While drawing the attention of this Court to the application filed in D.V.C, the learned counsel submits that the petitioner is falsely implicated in the D.V.C and further that as there is no relationship between the petitioner and husband and in-laws of the 1st respondent, the provisions of Protection of Women from Domestic Violence Act, 2005 (for short "D.V. Act") are not attracted. In the said circumstances, he submits that continuation of proceedings against the petitioner/5th respondent constitutes abuse of process of Law and accordingly seeks to quash the same.