Parties are present before the Court. No amicable

settlement is reported. The petition is heard on merits, at

the stage of admission itself and perused the records.

This petition is filed under Section 482 of

Cr.P.C. with the following prayer.

“WHEREFORE it is prayed that the Hon'ble

court may be pleased to hold, adjudge and

adjudicate that:

a. The Hon'ble court may be pleased to call for

entire records in Criminal Misc.No.473/2021

pending before Hon'ble Third Additional Civil

Judge & JMFC, Ballari.

- 3 -

b. To Quash the impugned Order dated 14-03-2022

passed by the learned Third Additional Civil

Judge & JMFC, Ballari in Crimina Misc No.

473/2021

thereby

issuing

notice

to

the

petitioners filed under Protection of Women

from Domestic Violence Act, 1961 and allow the

above petition in the interest of justice and

equity.

c. To Quash the entire petition bearing Criminal

Misc.No.473/202 pending on the file of Third

Additional Civil Judge & JMFC, Ballar in respect

of petitioners in the interest of justice and

equity.

d. The Hon'ble court may grant such other relief or

reliefs as it deer fit and proper in the facts and

circumstances of the present petition in the

ends of justice and equity.”

Brief facts of the case are as under:

Respondent filed a petition under Sections 12, 18,

19, 20 read with Sections 22 and 23 of the Protection of

Women from Domestic Violence Act which was registered

in D.V.A.Cr.M.C.473/2021 on the file of III Additional Civil

Judge and JMFC, Court, Ballari.

- 4 -

Gist

of

the

petition

averments

reveal

that,

respondent married one Sharanappa who is the son of

petitioner No.1 and brother of petitioner No.2. Petitioner

No.1 being the mother in-law, 2^nd and 3^rd petitioners being

the brother-in-law and sister-in-law of the respondent, are

responsible for the domestic violence after the demise of

the husband of the respondent. She also stated that, she

is entitled for compensation from the petitioners in a sum

of Rs.50,000/- for monitory relief under Section 20,

Rs.9,00,000/- monitory relief under Section 22 of the

Protection of Women from Domestic Violence Act.

4.

The matter is under consideration before the

jurisdictional Court. When the matter stood thus, the

petitioners have approached this Court with the following

grounds to substantiate the afore said prayer.

The impugned order passed by the learned

Magistrate

is

contrary

to

law,

facts

and

materials placed on record.

It is submitted that the prosecution has

deliberately falsely implicated the entire family

- 5 -

members without ascertaining the truthfulness

of the allegations made in the complaint and

without verifying the presence of all the accused

persons on the alleged date of offence.

It is submitted that the petition before learned

Magistrate and the order sheet reveals that

learned Magistrate without considering the

report of the CDPO has directly issued notices to

the petitioners, which is in gross violation of

Section 12 of Protection of Women from

Domestic

Violence

Act.

The

Section

12

mandates that the Magistrate shall take into

consideration

the

domestic

incident

report

before passing any orders. The order sheet

clearly reveals that no such domestic incident

report has been considered by the learned

Magistrate before issuance of notice.

It is submitted that even reading the entire

complaint except making omnibus allegation no

specific overt act are forthcoming against

present petitioners.

In the entire complaint no date, month or year

of the alleged harassment is forthcoming which

by itself is sufficient to come to a conclusion

that the petitioners are unnecessarily dragged

with criminal texture.

- 6 -

It

is

further

submitted

that

the

learned

Magistrate has lost sight of the law laid down in

Preeti Gupta's case by the Apex court. Wherein

it is clearly held that courts should be very slow

in matrimonial matters so as to avoid false

implications of the relatives of the husband.

The respondent has filed suit for partition

against the peti