AMIT KAILASHBHAI BORDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under section 482 of Criminal Procedure Code, 1973 has been filed by seven applicants belonging to one family, in particular, family members of applicant No.1, husband of opposite party No.2 praying for quashing of the proceedings registered as Domestic Violence Complaint No.34 of 2012 filed by opposite party No.2 under the provisions of Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as "the Domestic Violence Act") pending in the Court of Chief Judicial Magistrate, Navsari.

(2.) At the time when the application was filed and entertained by this Court on 27.12.2012, learned counsel for the applicants made a statement before the Court that he does not press this application qua applicant No.1 i.e. husband of opposite party No.2 and accordingly, prayed that the application may be permitted to be withdrawn insofar as applicant No.1 is concerned. Thus, the application survives only on behalf of applicant Nos.2 to 7, who are related as follows:

(3.) Applicant No.1 and opposite party No.2 were married sometimes in 1998 and out of their wedlock, they have two sons. It appears that opposite party No.2 was carrying on the services of supply of nutritional items (working as nutritionist) to her clients. Apparently, the sale of such nutritional supplies was based upon propaganda that it would help the clients to lose weight and to help them with their health related issues. It further appears that the desired or the assured results were not forthcoming with all such clients and as such, quite often, there would be complaints, arguments and misbehaviour by such dissatisfied clients. Applicant No.1 advised and suggested to opposite party No.2 to close down the said services of nutritional supplies, however, it was not liked by opposite party No.2 and annoyed with such repeated requests, she filed a complaint under the provisions of the Domestic Violence Act before the Magistrate concerned. The complaints under the Domestic Violence Act have to be filed in a prescribed proforma being Form No.1 under the rules.