SUMIT JAISWAL Vs. BHAWANA JAISWAL

JUDGEMENT

(1.) The present petition has been preferred by the petitioners under Sec. 482 of CrPC against the order dtd. 02/6/2017 passed by the Judicial Magistrate First Class, Gwalior in MJC-R No.975/2017, whereby cognizance has been taken against the petitioners for the offence punishable under Sec. 12 of Protection of Women from Domestic Violence Act.

(2.) Learned counsel for the petitioners has submitted that the cognizance is taken only on the basis of Domestic Incident Report (DIR) preferred by the Project Officer/Protection Officer, Integrated Child Development Project, Urban No.1, District Gwalior, in which there is no sufficient evidence showing involvement of the present petitioners in any manner. The present petitioners are brother-in-law and sister-in-law of the respondent. There were disputes and quarrels between the respondent and her husband. One information was also published with regard to dissolution of relations between the respondent and her husband in the daily newspaper Dainik Bhaskar. Despite that, present petitioners have been falsely implicated in this case. Therefore, prayed for quashing of the proceedings pending against the present petitioners.

(3.) On the contrary, learned counsel for the respondent prays for dismissal of the petition on the ground that sufficient material is available against the petitioners to connect them with the offence.