BIMAL MITRA Vs. ASHALATA MITRA

JUDGEMENT

(1.) This application under Section 482 read with Section 397/401 of the Code of Criminal Procedure, 1973 has been filed by the accused persons praying for quashing the Complaint Case No.281 of 2012 filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ('D.V. Act' in brief), which is pending in the court of learned Sub-Divisional Judicial Magistrate, Bijni.

(2.) Heard Mr. K. Sarma, learned counsel for the petitioners and Mr. S. Bhuyan, learned counsel for the respondent. Also perused the complaint petition and other documents annexed with the criminal petition.

(3.) Mr. Sarma, learned counsel for the petitioner prayed for quashing of the domestic violence proceeding on two grounds. Firstly, according to the learned counsel since the respondent has already filed a separate case under Section 498 A of the Indian Penal Code, with the same allegation, a separate case under D.V. Act is not maintainable in law. Secondly, Mr. Sarma submitted that at least the case is not maintainable against the in-laws as the allegations are basically against the husband.