MOHD NAFEES @ GUDDU Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT petition has been moved under section 482 Cr.P.C. by the petitioner Mohd. Nafees @ Guddu with the prayer to quash the order dated 4.1.2011, passed by the VIII Addl. Chief Judicial Magistrate, Lucknow in Case No. 565 of 2010, Smt. Zareena Bano vs. Mohd. Nafees @ Guddu and others, under section 12 (1) of Protection of Women From Domestic Violence Act, 2005, Police Station Thakur Ganj, district Lucknow alongwith the impugned order dated 23.7.2013, passed by the Appellate Court (IV Addl. District and Sessions Judge, Lucknow) in Criminal Appeal No. 130 of 2012 arising out of said order dated 4.1.2011, passed by the Magistrate.

(2.) LEARNED counsel for the applicant contended that the petition moved by opposite party no. 2 under section 12 (1) of Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as 'Act, 2005') is not maintainable as the opposite party no. 2 herself has admitted in para 11 of the petition, moved under section 12 (1) of the Act, 2005 that the petitioner has already divorced her. As such, the cognizance taken by the Magistrate is without jurisdiction and the impugned order passed by the Magistrate is contrary to law.

(3.) LEARNED counsel for the applicant has placed reliance upon pronouncement of the Hon'ble Apex Court rendered in the case of Indrajit Singh Grewal vs. State of Punjab and another, 2012 CrLJ 309 as well as pronouncement of Hon'ble High Court, Delhi rendered in the case of Harbans Lal Malik and others vs. Payal Malik, 2011 1 Crimes(Del) 496 .