KAMAL VASWANI Vs. JAIDEVI VASWANI

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C.for quashing the private complaint, whereby notice has been issued to the petitioners in MJC No.36/2012 vide order dated 9.11.2012 under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

(2.) Brief facts of the petition are that respondent had moved an application under Section 12 and under Section 23(2) read with Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005, alleging that the petitioners are sons of complainant's Devar. Petitioners have turned out the respondent/complainant from the house and since then she is residing with her relatives. It is further alleged that petitioners have filed a suit for eviction against the tenant of the respondent/complainant and have tried to deprive the respondent/ complainant of the rent. It is further alleged that respondent/complainant is apprehending that she might be beaten. Respondent/complainant does not want to remain dependent upon her relatives but wants to reside in her family house situated at Mor Bazar bearing number 41/7 and new number 45/7. Respondent/complainant apprehends that petitioners will not allow her to remain in the house, therefore, it is prayed that order be passed under Section 18 and 19 of the Protection of Women from Domestic Violence Act.

(3.) On the basis of the aforesaid allegations learned Magistrate has taken the cognizance under the provisions of Protection of Women from Domestic Violence Act and issued notice to the petitioners to secure their presence. Upon service of notice petitioners appeared before the Court on 3.12.2012 and filed reply to the application filed by the respondent/complainant under Section 23(2) of the Protection of Women from Domestic Violence Act. Learned JMFC, Gwalior has dismissed the application filed under Section 23 of the Protection of Women from Domestic Violence Act holding that prima facie no case under the provisions of Protection of Women from Domestic Violence Act is made out. However the learned JMFC, Gwalior has fixed the case for reply of the application under Section 12 of Protection of Women from Domestic Violence Act. Being aggrieved by the same petitioners have preferred this petition.