% 10.04.2024

1. The present petition has been filed seeking quashing of the Complaint Case No.4168/2017 under Protection of Women from Domestic Violence Act, 2005 (in short ‘DV Act’) pending before the learned Metropolitan Magistrate, Mahila Court-01, East District, Karkardooma Court, Delhi.

2. The petitioner submits that the complaint under the provisions of the DV Act was instituted by his wife in the year 2017. However, his wife passed away on 17.03.2021. He submits that after the expiry of the complainant the cause of action to sue or prosecute does not survive in favour of any family member of the deceased wife as the right under the Act was personal to the wife, but the father of the deceased wife has filed an application before the learned Trial Court seeking his substitution.

3. He submits that the said application is not maintainable and the complaint so filed by the wife needs to be quashed. In support of his contention, he placed reliance on the decision of the Bombay High Court in Kanaka Kedar Sapre & Ors. vs. Kedar narhar Sapre and Others: 2022 SCC OnLine Bom 1, to contend that expression ‘aggrieved person”

occurring in Section 12 of the Act has to be underst