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K.N.PHANEENDRA
Abdul Ghani – Appellant
Versus
Shahin – Respondent


Advocates:
Counsel for the Parties
For the Petitioners:Shriharsh A. Neelopant, Advocate.
For the Respondents:H. N. Gularaddi, Advocate.

ORDER

K.N. Phaneendra, J.—The petitioners, who are arraigned as respondents in Cri. Misc. No. 340 of 2013 on the file of the II Additional Civil Judge (Junior Division) and Judicial Magistrate First Class, Gadag, which was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Act’ for short), approached this Court seeking quashing of the entire proceedings against them on several grounds.

2. At the time of submitting the arguments, the learned Counsel for the petitioners strenuously contends that, the petition is only maintainable against the husband of respondent 1 before the learned Magistrate and the petition is not maintainable against other family members, in view of the definition under Section 2(q) of the Act. Secondly, he contends that, even considering the averments made in the petition filed under Section 12 of the Act, it does not disclose any specific allegation against the other petitioners, except petitioner 1. Therefore, he contends that the petition filed before the Trial Court against these petitioners is not maintainable and the same is liable to be quashed.

3. Per contra, the learned Counsel for the res












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