SURAJ SHARMA Vs. BHARTI SHRAMA

JUDGEMENT

(1.) Heard the matter on maintainability and also finally at the motion stage itself.

(2.) Facts in brief required for adjudication of the instant Cr.M.P. that the Respondent had filed an application before the Judicial Magistrate First Class, Durg, Chhattisgarh under Sections 12, 18, 19, 20, 22, 23 and 26 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') and the same is pending. The Applicants/ Non-applicants before the Court below had filed the instant Cr.M.P. and prayed that proceedings before the Court below under the Act of 2005 be quashed. The Petitioners have taken ground in the instant Cr.M.P. that invoking jurisdiction under Sec. 482 of the Code of Criminal Procedure (for short 'the Code'), as per the provisions of Sec. 468 of the Code, the Court cannot take cognizance in the matter as the same is barred by limitation. The Court below taken cognizance and issued notice without the domestic incident report. The Court cannot issue notice and take cognizance in absence of any domestic incident report. It is further submitted that in the domestic incident report, names of Suraj Sharma, Satyanarayan Sharma and Jyoti Joshi are mentioned regarding their alleged involvement in the facts attracted and is subjudice before the Court below. The Court below also issued notice to the Applicant No.2 - Deepak Sharma and Applicant No.5 Rama Sharma. Also on the other points, it is submitted that as the other litigations/ prosecution filed at the instance of the Respondent under Sec. 498-A of the Indian Penal Code and other matter there is repetition of the allegations hence, this Court by invoking jurisdiction under Sec. 482 of the Code may quash the proceedings before the Court below.

(3.) Heard counsel for the Petitioners on admission and also on maintainability. Perused the petition and the documents annexed along with the petition.