IN RE: SMITA AGARWALA Vs. STATE

JUDGEMENT

(1.) THIS revision arises for quashing of the proceedings of Case No. C/22, 497/10 corresponding to TR No. 2864/10 under Section 12/ 17/ 18/ 19/ 20/ 22/ 23 of Protection of Women from Domestic Violence Act, 2005 pending before the learned Metropolitan Magistrate, 3rd Court, Calcutta. In the background of this case the fact in a nutshell is that the petitioner is the mother -in -law of the Opposite Party viz. Sheweta Agarwala. On 22.7.10, the said Sheweta Agarwala, daughter of Sri Gopal Killa of 4B, Wood Street, P.S. Shakespeare Sarani, Calcutta -16 filed an application under the said Act before the court of learned Chief Metropolitan Magistrate, Calcutta alleging act of domestic violence against some persons including the present petitioner. Pursuant to such prayer vide order dated 22.7.10, the learned Metropolitan Magistrate, 3rd Court, Calcutta took cognizance. By order dated 4.8.10, the learned Metropolitan Magistrate, 3rd Court, Calcutta asked for domestic incident report and fixed 13.8.10 for further order. On 13.8.10, the learned Court was pleased to issue show cause upon the respondents including the present petitioner who was arrayed as respondent No. 3. On 24.8.10 although the other respondents appeared, the present petitioner prayed for time. On 6.9.10, the petitioner entered appearance. On 14.9.10 and 17.9.10 the parties were heard on interim relief.

(2.) THE petitioners submitted that the instant proceeding is not maintainable against her in view of Section 2(q) of the said Act whereby the "respondent was defined to be an adult male person". The present petitioner being the mother -in -law cannot come within the sweep of this definition of respondent and for that the continuation of the instant proceedings against her is nothing but an abuse of legal process.

(3.) NOW , the point for consideration if the proceeding is liable to the quashed or not under Section 482 of the Code of Criminal Procedure.