FAKIRAPPA Vs. MAHADEVI

JUDGEMENT

(1.) Petitioners who are the parents in law and sisters in law of respondent No.2, have filed this petition under Sec. 482 of Cr.P.C, to quash the proceedings initiated under Sec. 12 of Protection of Women from Domestic Violence Act - 2005 (for short "D.V.Act"), in Criminal Misc. No.154/2018, on the file of JMFC-II Court, Belagavi, on the ground that in the petition, there are no allegations against them and consequently they are not liable for the relief that may be granted in favour of respondent No.2.

(2.) Petitioners have contended that they are the parents and sisters of accused No.1, absolutely there are no allegations made against the petitioners. Without any application of mind, the trial Court has chosen to issue notice against the petitioners. Issuance of notice without taking cognizance is not only illegal but also mechanically and without application of mind, the trial Court has issued notice to the respondents. In the absence of any specific averments Petitioners have failed to prove that she is the wife of respondent No.1. Respondent Nos. 1 and 2 are the parents and respondent Nos. 4 and 7 are the married sisters of respondent No.1. In the absence of specific allegations against them, petition is not maintainable and prays to allow the same.

(3.) Despite, due service of notice, respondent has not appeared before the Court.