ARCHITA PAL Vs. PRIYANKA CHANDRA NASKAR

JUDGEMENT

(1.) Petitioner is aggrieved by the order passed by the learned LVII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, in Crl.R.P. No. 25094/2015 dated 07.09.2015 whereby the learned Sessions Judge has allowed the application filed by the respondents herein under Sec. 2(q) of Protection of Women from Domestic Violence Act. 2005 (hereinafter referred to as 'the Act').

(2.) The outlined facts leading to this petition are as follows:

(3.) Learned counsel for the petitioner submits that the petition contains serious allegations against the respondents which attract the provisions of Sec. 12 of the Act. Under the said circumstance the learned Sessions Judge has erred in allowing the application filed by the respondents for their discharge. The averments made in the complaint clearly indicate that the petitioner herein was subjected to domestic violence after her marriage. The respondents were in domestic relationship with the petitioner as defined in Sec. 2(f) of the Act. Under the said circumstance, without affording an opportunity to the petitioner to adduce necessary evidence in support of the accusations made against the respondents, learned Sessions Judge has committed an error in directing deletion of the names of the respondents and hence he seeks to quash the impugned order passed by the learned Sessions Court. In support of his submission learned counsel has placed reliance on the following decisions.