SUO MOTU Vs. USHABEN KISHORBHAI MISTRY

JUDGEMENT

(1.) Special Criminal Application No. 5313 of 2015 out of which the present reference is made by learned single Judge to the Division Bench of this Court is preferred by the petitioners seeking to quash and set aside the complaint being Case No. 1992 of 2009 filed by respondent no.2 therein under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act") which has been filed before the court of Metropolitan Magistrate at Ahmedabad.

(2.) When the said matter came up before the learned single Judge of this Court (J.B. Pardiwala, J.) taking up Special Criminal Applications (quashing) on 15.9.2015, the learned single Judge was pleased to pass the following order.

(3.) The aforesaid shows that the view taken by the another learned single Judge (G.R.Udhwani, J.) in the case of Narendrakumar @ Nitinbhai Manilal Shah & Ors v. State of Gujarat & Anr, in Misc. Criminal Application No. 19853 of 2013 with Misc. Criminal Application No.18703 of 2013, reported at Narendrakumar alias Nitinkumar Manilal Shah vs. State of Gujarat & Anr., 2014 2 GLR 1353 was brought to the notice of the learned single Judge as well as another decision of another learned single Judge (N.V. Anjaria, J.) in the case of Rameshbhai Ramjibhai Desai in Special Civil Application No. 15687 of 2014, wherein different view was found as taken by another learned single Judge.