NEERU TANDON Vs. ANAMIKA PARMAR

JUDGEMENT

(1.) The petitioners have filed this petition for quashing the proceedings arising out of application bearing No. 37/criminal, titled, Anamika Parmar and anr vs Rohit Tandon and others filed under sections 12, 17, 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2010 (for short the Act) filed by the respondents against the petitioners and order dated 13.10.2018 passed in application under sections 12, 17, 18, 19, 20 and 22 of the aforesaid Act along with order dated 13.10.2010 passed in the application for interim relief by the learned Sub Judge (Special Mobile Magistrate) Poonch.

(2.) It is stated in the petition that respondent Nos. 1 and 2 has filed the false and frivolous application under the Act. The respondent No. 2 is the minor daughter of petitioner No. 3 and respondent No. 1. It is also stated that the respondents have filed the application under the Act against the petitioners which is pending before the learned Sub Judge (Special Mobile Magistrate), Poonch, wherein the court vide order dated 13.10.2018 has issued the process against the petitioners. The petitioners have challenged the proceedings arising out of said application and order dated 13.10.2018 on the following grounds:

(3.) Mr. Rohit Kohli, learned counsel for the petitioners, during the course of arguments submitted that he does not want to press the petition on behalf of petitioner No. 3 but at the same time he submitted that there are absolutely no allegations against the petitioner Nos. 1 and 2 in the application filed by the respondents under the Act and the continuance of the proceedings against the petitioner Nos. 1 & 2 shall be abuse of process of law.