SARITA (SMT.) Vs. SMT. UMRAO

JUDGEMENT

(1.) THIS petition under Section 397 read with Section 401 Cr.P.C. is preferred to challenge the order dt. 25.09.2007 passed by learned Additional Sessions No. 3, Jodhpur accepting the appeal preferred to the extent it affirms the order dt. 06.06.2007 passed by learned Judicial Magistrate No. 5, Jodhpur withdrawing proceedings against respondents Smt. Umrao W/o Shri Kanhaiyalal and Kumari Gayatri D/o Shri Kanhaiyalal.

(2.) THE Judicial Magistrate No. 5, Jodhpur by his order dt. 06.07.2007 withdrew proceedings against the respondents under the Protection of Women from Domestic Violence Act, 2005 by not treating them as "respondents" being women. Learned Judicial Magistrate as well as the Appellate Court held that as per provisions of Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, only a male person could be treated as respondent, thus Smt. Umrao and Kumari Gayatri being female cannot be a party to the proceedings as "respondents" under the Act of 2005.

(3.) CONSIDERED the arguments advanced. Term "respondent" as defined under Section 2(q) of the Act of 2005 reads as follows: