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2015 Supreme(Guj) 1090

JAYANT M.PATEL, N.V.ANJARIA
SUO MOTU – Appellant
Versus
USHABEN KISHORBHAI MISTRY – Respondent


Advocates:
Advocate Appeared:
For the Respondent:Samir Dave, Advocate.

Judgement Key Points

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JUDGMENT :

JAYANT M. PATEL, J.

1. Special Criminal Application No. 5313 of 2015 out of which the present reference is made by learned Single Judge to the Division Bench of this Court is preferred by the petitioners seeking to quash and set aside the complaint being Case No. 1992 of 2009 filed by respondent No. 2 therein under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act") which has been filed before the Court of Metropolitan Magistrate at Ahmedabad. When the said matter came up before the learned Single Judge of this Court (J.B. Pardiwala, J.) taking up Special Criminal Applications (quashing) on 15.9.2015, the learned Single Judge was pleased to pass the following order:

"1. By this application under Article 226 of the Constitution of India, the petitioners-original accused, have prayed for the following reliefs;

(a) Your Lordships be pleased to admit and allow this petition;

(b) Your Lordships further be pleased to quash and set aside the complaint being Case No. 1992 of 2009 filed by the respondent No. 2 herein under the provisions of the Protection of Women from Domestic Violence Act before the learned Metropolitan M




































































































































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