MOHD. ANEES KHAN Vs. FARHAT NAAZ

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. is directed for setting aside the order dated 10.10.2014 and quashing the entire proceedings in MJC-R/2688 of 2014 titled Smt. Farhat Naaz v. Mohd. Anees Khan and two others, pending before the Court of Judicial Magistrate First Class, Bhopal (for short the 'Court').

(2.) The facts, in nutshell, for adjudication of this petition are given below :-

(3.) The learned counsel for the petitioners has submitted that as per the law laid down by this Court in the case of Rama Singh v. Smt. Maya Singh and others (2012 (4) MPLJ 612), prior to the registration of the application under Section 12 of the Act, it was mandatory for the learned Magistrate to have called for a report of the Protection Officer or the Service Provider concerned as per the proviso to sub-Section (1) of Section 12 of the Act. But, he had not complied with the proviso. He submitted that as per the definition given in 2(q) of the Act, the learned Magistrate committed a legal error by registering the case against petitioner No.2 as she is an woman. He submitted that the respondent has not specifically mentioned the date of arising out of cause of action, therefore, the application is not maintainable. He submitted that petitioner No.1 divorced the respondent as per Muslim law on 13.05.2014 and thereafter the Principal Judge Family Court, Bhopal has granted a decree of divorce to him against the respondent in Civil Suit No. 257-A/15 vide the judgment and decree dated 14.03.2016. Consequently, the domestic relationship between the respondent on one side and the petitioners on the other had already ended. He submitted that for the aforesaid reasons, the case instituted upon the application of the respondent under Section 12 of the Act is not maintainable against the petitioners. Thus, the impugned order dated 10.10.2014 and the subsequent proceedings of the case be quashed by this Court in exercise of inherent powers under Section 482 of the Cr.P.C.