Aruna Kumari W/O Byrappa Aged About 61 Years.Vs. Smt. B.A.Anitha W/O Maruthi Prasad Aged About 35 Years. - Court Judgment

Excerpt:
[subhash b. adi, j.]this criminal petition is filed under section 482 cr.p.c. praying to quash the entire proceedings in crl.misc.no.84/08 against the petitioner now pending before the c.j. (jr.dn.) & jmfc, somwarpet filed by the respondent under application under sec.9(b) and 37 (2) (c) of the protection of women from domesiic violence act 2005 against the respondents praying for the order under sections 18, 19. 20, 21 & 22 of the protection of women from domestic violence act 2005......on the file of j.m.f.c., somwarpet,2. the domestic violence report is filed before the learned magistrate interalia alleging violence against the complainant. in pursuance of the said report and the complaint, the learned magistrate had initiated the proceedings. at this stage, this petition has been filed.3. learned counsel for the petitioner submits that, there is no allegation of any violence alleged in the complaint and as such, the proceedings are vitiated.4. the domestic violence is reported in the prescribed form, prima facte, tisfg* discloses the alleged violence. even if any details are shortcoming, it is open to the petitioner to raise objections before the learned magistrate and learned magistrate would consider the objections at the appropriate stage.accordingly,.....

Judgment:
1. Petitioner has called in question the proceedings in Crl.Misc.No.84/2008 on the file of J.M.F.C., Somwarpet,

2. The domestic violence report is filed before the learned Magistrate interalia alleging violence against the complainant. In pursuance of the said report and the complaint, the learned Magistrate had initiated the proceedings. At this stage, this petition has been filed.

3. Learned Counsel for the petitioner submits that, there is no allegation of any violence alleged in the complaint and as such, the proceedings are vitiated.

4. The domestic violence is reported in the prescribed form, prima facte, tisfg* discloses the alleged violence. Even if any details are shortcoming, it is open to the petitioner to raise objections before the learned Magistrate and learned Magistrate would consider the objections at the appropriate stage.

Accordingly, the petition fails and same is dismissed.