1. This application has been filed for quashing of Domestic Violence case No. 1637-C/2007 pending before the Judicial Magistrate, 1st Class, Patna instituted by Dr. Alka Kumari, wife of Late Dr. Ajay Kumar on the ground that the case does not come within the purview of domestic violence as defined in the Protection of Women From Domestic Violence Act, 2005 (hereinafter to be referred to as the Act of 2005).

2. Petitioner No. 1 is the mother of Late Dr. Ajay Kumar and mother-in-law of the complainant. Petitioners 2, 4 and 6 are the sons of petitioner No. 1 and brother-in- laws of the complainant whereas petitioners 3 and 5 are the wives of petitioners 2 and 4 respectively.

3. The admitted facts are that the complainant married Dr. Ajay Kumar on 29.2.2004. Dr. Ajay was holding the post of Civil Assistant Surgeon in Jharkhand on a consolidated salary of Rs. 14,000/-. Unfortunately during the parliamentary elections, he was given patrolling duty which led.to an incident in which Dr. Ajay Kumar died.

4. The allegations are that at the time of marriage, certain amount of money was paid to petitioner No. 1 as marriage expense. The details are given at paragraph 3 of the complaint