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2024 Supreme(Guj) 458

DIVYESH A. JOSHI
Pragneshbhai Kiritbhai Parmar – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Yogeshkumar A Ratanpara Adv.
For the Respondent: HCLS Committee, Mr. PV Patadiya, Mr. Dhawan Jayswal APP.

JUDGMENT :

1. By way of present petition under Articles 226 and 227 of the Constitution of India, under Section 482 of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as “CrPC” for short” and under the provision of the Protection of Women against Domestic Violence Act, 2005 (hereinafter after referred as “Violence Act” for short) , the petitioners have prayed for quashing and setting aside the impugned complaint/ proceedings being Criminal Misc. Application No.1792/2014 filed by the responded no.2 herein before the court of the learned Judicial Magistrate, 3rd Court, Vadodara as well as issuance of the summons by an order dated 24.06.2024 passed by the learned Judicial Magistrate, 3rd Court, Vadodara and all other consequential proceedings arising out of the said complaint.

2. The brief facts leading to the filing of the present petition are as under,

    2.1 The petitioner no.1 and the respondent no.2 got married on 09.05.2004 as per Hindu rites and rituals and out of said wedlock, they have been blessed with two daughters viz., Honey and Hetvi.

2.2 However after the marriage, disputes were cropped up between the husband and wife and the family members of the petition n

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