GANPAT RAM Vs. LAXMI CHOUDHARY

JUDGEMENT

(1.) This Revision Petition under Sec. 397/401 Cr.P.C. has been preferred claiming the following reliefs:-

(2.) Brief facts of the case as placed before this Court by learned counsel for the petitioners are that an application under Sec. 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 was preferred by the respondent no. 1 before the Judicial Magistrate, Jodhpur Metropolitan City, Jodhpur, and that the notices of the said application was issued against the petitioners to which reply was filed on behalf of them before the learned Court. In the said application, it was averred that the respondent no. 1 was responding with the petitioners after marriage, and that she was harassed with demands of dowry; although the respondents were not present in the learned Court below, since a reply was filed on their behalf, the learned Court below passed an order ex-parte.

(3.) Learned counsel for the petitioners further submitted that on behalf of Ganpat Ram, petitioner no. 1, an application was preferred before the concerned Magistrate stating that petitioners no. 2 and 3, Kumari Bhawna and Kumari Teena, are his unmarried daughters, were not residing in Jodhpur City and in fact did not reside with the respondent no. 1 at any point in time, yet were made party to the case with the sole intent of harassment. and that, an application was made to this effect before the learned Court below, and that despite the same being brought to the notice of the Court below, the said application was dismissed vide order dtd. 28/6/2022.