GIRISH Vs. POONAM

JUDGEMENT

(1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint along with Form-I under Section 12 of the protection of Women from Domestic Violence Act, 2005 (for short the Act) (Annexure P-6) as well as notice issued under Section 12 of the Act and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners has submitted that the petitioners were not residing in the matrimonial home of the respondent. Hence, the petitioners could not be prosecuted qua commission of offence punishable under the Act.

(3.) Learned counsel for the respondent, on the other hand, has opposed the petition but has failed to controvert the factual aspect of the submission made by learned counsel for the petitioner to the effect that the petitioners were not residing in the matrimonial home of the respondent.