Vijaykumar vs Hemlataben on 1 March, 2012

Gujarat High Court Gujarat High Court Vijaykumar vs Hemlataben on 1 March, 2012 Author: M.R. Shah, Gujarat High Court Case Information System BODY {SCROLLBAR-FACE-COLOR: #d4d0c8; SCROLLBAR-HIGHLIGHT-COLOR: #808080; SCROLLBAR-SHADOW-COLOR: #d4d0c8; SCROLLBAR-ARROW-COLOR: #ffffff; scrollbar-dark-shadow-color: #ffffff} SPAN.searchword { background-color:yellow; } function loadSearchHighlight() { var chkParamC = "txtSearch" if (chkParamC == "txtSearch") { SearchHighlight(); document.searchhi.h.value = searchhi_string; if( location.hash.length > 1 ) location.hash = location.hash; } } Print CR.MA/500/2009 3/ 3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 500 of 2009 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ?
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Vijaykumar vs Hemlataben on 1 March, 2012

4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VIJAYKUMAR DAHYABHAI JADAV & 5 - Applicant(s) Versus HEMLATABEN KANTIBHAI PARMAR & 1 - Respondent(s) ========================================================= Appearance : (MR JB PARDIWALA) for Applicant(s) : 1 - 6. MR NIKHIL S KARIEL for Respondent(s) : 1, MR KL PANDYA ADDL.PUBLIC PROSECUTOR for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 01/03/2012 ORAL JUDGMENT
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Vijaykumar vs Hemlataben on 1 March, 2012

1. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused Nos.1 to 6 to quash and set aside the impugned criminal proceedings being Criminal Misc.Application No. 232 of 2008 pending in the court of learned Judicial Magistrate (First Class), Ankleshwar, filed by the respondent No.1 herein - original complainant for the offences punishable under sections 12, 18, 19, 20 and 22 of the Domestic Violence Act. 2. Considering the fact that at present the learned Magistrate has issued only notice against the petitioners for the aforesaid proceedings being Criminal Misc.Application No. 232 of 2008. In the decision of the learned Single Judge of this Court in the case of Jaydeepsinh Prabhatsinh Jhala & Ors Vs. State of Gujarat and Others reported in 2010(1) GLR 635, it is observed by the learned Single Judge of this Court that the proceedings under the Protection of Women for Domestic Violence Act, 2005 are in the nature of civil remedy and therefore, it will be open for the concerned accused to submit appropriate application before the concerned Magistrate and request to withdraw the notice and/or drop the proceedings and if the Magistrate is satisfied that the person is wrongly jointed as respondent - accused and there are no allegation against the person to proceed further, Magistrate may drop the proceedings. Considering the above, present petition is not further considered on merits and the petitioners herein are relegated to submit an appropriate application before the concerned Magistrate before whom the proceedings under the provisions of the Domestic Violence Act are pending and request the learned Magistrate that the said proceedings are not maintainable and/or there are no allegations against them to proceed further. As and when such an application is submitted the learned Magistrate to consider the same in accordance with law and on merits after giving an opportunity to all concerned inclusive of the original applicant. However, it is observed that this Court has not expressed any opinion in favour of either of the parties and it is ultimately for the learned Magistrate to consider the same in accordance with law and on merits, as aforesaid. With these, present petition is disposed of. [M.R. SHAH, J.] rafik Top

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