DURGA SHANKAR SINGH AND ORS. Vs. ANJU SINGH

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, learned senior Counsel assisted by Mr. R. Kalita, learned counsel appearing for the petitioners. Also heard Mr. A. Choudhury, learned counsel appearing for the respondent. By this application filed under Section 482 Cr.P.C., the petitioners have challenged the judgment and order, dated 30.09.2013, passed by the learned Addl. Sessions Judge, No. 2, Kamrup, Guwahati, in Criminal Appeal No. 34/2013.

(2.) The respondent, claiming to be the wife of Sri Durga Sankar Singh i.e. the Petitioner No. 1 filed a complaint with the District Social Welfare and Protection Officer under Domestic Violence Act, 2005 (hereinafter called 'the Act'), alleging domestic violence against her said husband and other members of the family of her in-laws. On receipt of the said complaint the District Social Welfare and protection officer forwarded the complaint to the learned CJM, Kamrup, Guwahati in Form-I. After receipt of the said complaint, along with report of the District Social Welfare and Protection Officer, the learned Magistrate issued notices and the petitioners in this Criminal Petition i.e. the respondents in the proceeding under the Act, by filing written statement contested the claim of the complainant i.e. the respondent, in this case. The petitioners also filed a separate application challenging the maintainability of the said proceeding. The learned Special Judicial Magistrate, Kamrup, Guwahati, by his order, dated 24.01.2013, rejected the present petitioners application observing that filing of the complaint in Form-II was not mandatory inasmuch as the word "may has been used" in Section 12 of the Act, 2005.

(3.) Aggrieved by the said order, the petitioner, approached the learned Sessions Judge, by filing an appeal, under Section 29 of the Act. The learned Sessions Judge, while dismissing the appeal, by his judgment and order, dated 30.09.2013, granted time to the complainant (present respondent) in complaint case No. 50m/2009, to file formal application, under Section 12 of the Act, preferably in Form II along with the required affidavit within 30 days from the date of appearance before the trial Court. It was made clear that, in the event of failure to file written application, under Section 12 within the stipulated period, the entire proceeding would stand dismissed. With the above direction, the learned Addl. Sessions Judge, remanded the matter to the trial Court.