PARAG VASAT MEWADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code), the petitioners have prayed, inter alia, that:

(2.) According to the petitioners, the Criminal Misc. Application No.42 of 2012 filed under the provisions of Section 12 of the Domestic Violence Act, 2005 which is pending in the Court of Judicial Magistrate First Class, Halvad deserves to be and is required to be quashed.

(3.) The petitioners have claimed that the said Criminal Case has been instituted on incorrect and unjustified allegations. The petitioners No.1 to 4, who are, respectively, the husband, father-in-law, brother-in-law and sister-in-law, have claimed that the petitioners Nos. 2 to 4 have been living separate from petitioner No.1 and the complainant i.e. respondent No.2 and that therefore the action of the respondent no.2 of impleading the said petitioners as accused persons in the Criminal Case is unjustified. The petitioner No.1 husband has claimed that the allegations against him are baseless and unjustified. It is also alleged tat the complainant i.e. respondent No.2 has instituted the said criminal case with a view to harassing the petitioners and that the alleged incident has occurred outside India and therefore the learned Magistrate has no jurisdiction to entertain the complaint. That the family members have been unjustifiably arraigned as accused in the case. As regards the factual aspects related to marriage the petitioner has stated his version in para 2.1 and 2.2 which reads thus: