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2009 Supreme(Guj) 647

AKIL KURESHI
JAYDIPSINH PRABHATSINH JHALA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
R. J. Goswami, and Dinesh B. Patel, for Applicant Nos. 1 to 5.
L. R. Pujari, A.P.P., for Respondent No. 1.
None for Respondent Nos. 2 to 3.
Suresh S. Patel, for Applicant Nos. 1 to 4. L. R. Pujari, A.P.P., for Respondent No.1.
Premal R. Joshi and Mrs. Kiran P. Joshi, for Respondent No.2.

AKIL KURESHI, J. Both these petitions arise out of the proceedings under the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'). Since, two important and repetitive questions are common in these proceedings, they have been heard together and are being disposed of by this common judgment.

2. First question of considerable importance is the meaning of term 'respondent' as defined in Sec. 2(q) of the Act. In other words, the question is whether a female member of the family can be a respondent in the proceedings under the Act.

2.1. Second question is the nature of proceedings that the Magistrates conduct under the Act and the procedure that has to be adopted for the same. In other words, question is whether the proceedings under the Act are strictly of criminal nature, and that therefore, as held by the Supreme Court in several decisions particularly in case of Adalat Prasad v. Rooplal Jindal. reported in 2005 (1) GLR 546 (SC) : 2004 (7) SCC 338, the Magistrate once having issued summons cannot recall the same even if it is found later on that ex-facie no case for proceeding further against all or any of the respondents is made out.

3. Questions a



































































































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