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2015 Supreme(MP) 1203

J.K.MAHESHWARI
RAVI KUMAR BAJPAI – Appellant
Versus
RENU AWASTHI BAJPAI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D. K. Mishra
For the Respondent: Shobhitaditya

JUDGMENT :

1. Invoking the jurisdiction under section 482 of the Code of Criminal Procedure challenging the illegal and arbitrary action of the respondent of instituting a false and frivolous case M.J.C. No. 59/2010 filed before Judicial Magistrate First Class, Hoshangabad under the Protection of Women from Domestic Violence Act, 2005 (in short be called as 'Domestic Violence Act'), petitioners have filed this petition seeking quashment of the same.

2. Petitioner No. 1 is the husband and petitioner No. 2 is the father-in-law of the complainant/respondent. It is said that the marriage of the petitioner No. 1 and respondent was solemnized on 22-2-2008 at Hoshangabad. After marriage, as alleged respondent was subjected to demand of dowry, cruelty and harassment, however, a complaint under section 12 of the Domestic Violence Act was filed on 14-9-2009 in the Court of Judicial Magistrate First Class, Hoshangabad whereupon notices were issued to the petitioners. On receiving the notice, a preliminary objection was filed by the petitioners which was rejected, thereafter reply has also been filed denying the allegations made in the complaint, and now, the case is at the stage of recording th

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