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2014 Supreme(Kar) 349

K.N.PHANEENDRA
Abdulghani – Appellant
Versus
Shahin – Respondent


Advocates Appeared:
For the Petitioners:Shriharsh A. Neelopant, Advocate.
For the Respondents:H.N. Gularaddi, Advocate.

Judgment :

1. The petitioners, who are arraigned as respondents in Crl.Misc.No.340/2013 on the file of the II Addl. Civil Judge (Jr.Dn.) & JMFC, Gadag, which was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act', for short), approached this Court seeking quashing of the entire proceedings against them on several grounds.

2. At the time of submitting the arguments, the learned Counsel for the petitioners strenuously contends that, the petition is only maintainable against the husband of respondent No.1 before the learned Magistrate and the petition is not maintainable against other family members, in view of the definition under Section 2(q) of the Act. Secondly he contends that, even considering the averments made in the petition filed under Section 12 of the Act, it does not disclose any specific allegation against the other petitioners, except petitioner No.1. Therefore, he contends that the petition filed before the trial Court against these petitioners is not maintainable and the same is liable to be quashed.

3. Per contra, the learned Counsel for the respondents herein submits that, though Section 2(q) defi










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