ORAL JUDGMENT

1. RULE

. Learned Advocate Mr.Aditya Pandya waives service of Rule on behalf of respondent Nos.1 to 3 and learned APP Mr.Rohan Shah waives service of Rule on behalf of respondent No.4.

2. At the outset, learned Advocate for the petitioners does not press this petition qua petitioner Nos.1 and 2 being father-in- law and mother-in-law of respondent No.1-complainant. The petition stands disposed of as not pressed qua petitioner Nos.1 and

2. Rule is discharged.

3. The present petition is 'led by the petitioners seeking quashment of the complaint registered as Criminal Misc.Application No.316 of 2022 pending before 10th Additional Chief Judicial Magistrate, Bhavnagar under Sections 18, 19, 20, 22 and 23 of the Domestic Violence Act.

4. It is the case of the petitioners that marriage between the son of petitioners Nos.1 and 2 and respondent No.1 was solemnized on 01.11.2013 at Bhavnagar as per the customs of Muslim religion. Out of the said wed lock a daughter " ", respondent No.2 herein and Son " ", respondent No.3 herein were born. In spite of the petitioners making all possible e6orts to save the married life of the couple, respondent No.1-complainant kept on misbehaving, quarreling and insulting the petitioners and ultimately on 21.07.2022 respondent No.1-complainant left the matrimonial home along with both the children and since then she is living at her parental home. After returning to her parental home, respondent No.1-complainant 'led application under the provisions of Domestic Violence act against all the family members of her husband vide CRMA No.316 of 2022.

5. Learned Advocate for the petitioners submitted that respondent No.1 herein 'led the impugned complaint under the Domestic Violence Act against all the family members as a part of strategy to harass the petitioners herein. It is submitted that in fact, respondent No.1 was subjected to any domestic violence as alleged by the petitioners herein.

5.1 It is submitted that the allegations leveled against the petitioners in the complaint are totally false and baseless and the family members of the husband have unnecessarily been arraigned as respondents in the said complaint solely with a view to cause hardships and harassment to them as otherwise there is no speci'c allegations in the complaint against the family members and only vague and general allegations have been leveled against them.

5.2 It is submitted that petitioner Nos.3 and 4 are sisters- in-law of respondent No.1-complainant, who have never lived with respondent No.1 and have always been living separately as they were married much before the marriage between the respondent no.1 herein and their brother and therefore also, complaint under the Domestic Violence Act is not at all maintainable against them.

5.3 It is submitted that even as per the law laid down by the Supreme Court as well as this Court in a catena of judgments, a complaint under the Domestic Violence Act against the family members who have played no role is liable to be quashed.

5.4 It is to be submitted that admittedly, in the complaint 'led by the respondent No.1 herein herself, she has mentioned that previously also, respondent No.1 had 'led various proceedings including under the Domestic Violence act in the year 2017, against the petitioners herein and their son/brother, but after settlement between the parties, all the proceedings including the proceeding under the Domestic Violence Act was withdrawn by respondent No.1 on 29.09.2018.

5.5 It is to be submitted that the respondent No.1 herein has ensured that she leaves no stone unturned in harassing the petitioners herein and therefore, she has also 'led an application for maintenance under Section 125 of the Cr.P.C. vide CRMA No.467 of 2022 in the Family Court, Bhavnagar on the same day of 'ling the complaint under the Domestic Violence Act, i.e. on 26.08.2022 against her husband, wherein the husband-son of petitioners Nos.1 and