Misc.
Criminal Case No ::
6334. / 2013 Venkteshwar Dwivedi and others versus Smt.
Ruchi Dwivedi and others 23.06.2013.
Shri Sanjay Seth for the petitioneRs.None for the respondents.
Seeking quashment of a criminal proceeding initiated against the petitioners at the instance of respondent No.1, for certain offence under sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, this application has been filed for quashment of MJ.No.703/2012, pending in the Court of Judicial Magistrate FiRs.Class, Bhopal.
Petitioner No.1 is the husband of respondent No.1 and father of respondent No.2; and, petitioner Nos.2 and 3 are the father and sister of petitioner No.1.
Interalia contending that the complaint filed by respondent No.1 with regard to harassment and allegations made in the complaint are false and she has falsely implicated the petitioners only because certain proceedings for divorce are pending in the appropriate Family Court, this application is filed under section 482 CrPC for quashment of the proceedings.
I have learned counsel for the petitioners at length and have perused the complaint and the proceedings initiated by respondent No.1 Smt.
Ruchi Dwivedi.
A perusal of the complaint – Annexure P/1, available on record, goes to show that the allegations made in the complaint are prima facie established from the material available and, therefore, it is not a fit case where the extra ordinary jurisdiction available to this Court under section 482 CrPC should be exercised.
It is not a case where on a bare reading of the complaint, it can be held by 2 Misc.
Criminal Case No ::
6334. / 2013 Venkteshwar Dwivedi and others versus Smt.
Ruchi Dwivedi and others this Court that no offence is made out.
On the contrary, the allegations levelled in the complaint warrants inquiry and as dispute with regard to factual aspects warranting inquiry are involved in the matter, it is not proper for this Court to interfere into the matter exercising jurisdiction in a petition under section 482 CrPC.
Accordingly, finding no case for interference, the petition is dismissed.
(RAJENDRA MENON) JUDGE Aks/-