RASHMI MEHROTRA Vs. MANVI SHETH

JUDGEMENT

(1.) Revision application challenges the order dtd. 17/7/2023 passed by the learned Sessions Judge in Criminal Appeal No. 111 of 2022 allowing the Appeal of Respondent No.1 and setting aside the order dtd. 6/4/2022 passed by the Metropolitan Magistrate discharging the Applicants from the proceedings filed under the provisions of Protection of Women from Domestic Violence Act, 2005 [for short 'the DV Act'].

(2.) The relationship of parties interse is not in dispute. Revision applicants are the mother-in-law and father-in-law of respondent no.1. Respondent no.1 was married to Arjun, the son of revision applicants on 9/2/2020. An application under Sec. 12 of the DV Act came to be filed by respondent no. 1 against her husband and the applicants on 22/2/2021. The applicants preferred an application dtd. 17/3/2021 before the Magistrate challenging the maintainability of complaint and for dropping of the proceedings / striking off / discharge / deleting their names from the array of parties as respondents. The said application came to be resisted by respondent no.1. The Metropolitan Magistrate vide order dtd. 6/4/2022 discharged the Applicants herein from the proceedings. Against the order of discharge, Criminal Appeal No. 111 of 2022 under Sec. 29 of the DV Act came to be filed by respondent no. 1. By the impugned order dtd. 17/7/2023, the appeal was allowed and the order of Magistrate was quashed and set aside.

(3.) Heard Mr. Shanay Shah, learned counsel appearing for the applicants and Mr. Pritesh Burad, learned counsel appearing for respondent no. 1.