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MADHYA PRADESH HIGH COURT
A.M. Khanwilkar, J
Mahesh Mathur (Dr.) and Others v. State of M.P. and Another
| Table of Content |
|---|
| 1. facts surrounding the domestic violence allegations. (Para 1 , 2) |
| 2. arguments focusing on failure to follow procedure. (Para 3 , 4) |
| 3. court observations on adherence to mandatory procedures. (Para 6 , 7 , 8) |
| 4. final conclusion to set aside the magistrate's order. (Para 9) |
1. This petition has been filed under S.482 of CrPC for quashing the Case No. 1/2012 pending before the JMFC, Gwalior, under S.12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act).
2. The brief facts giving rise to this petition are that respondent No. 2 / complainant has filed an application before the JMFC, Gwalior, on 25/06/2012 alleging that on 27/04/2012 her in - laws turned out her and sent her to Gwalior keeping her jewellery and clothes and told the complainant to ask her parents to arrange Rs. five lacs. On 06/05/2012 husband of respondent No. 2, Dr. Mahesh Mathur, father - in - law Ramswaroop Mathur, mother - in - law Smt. Sheela Mathur and sister - in - law Geeta Dayal came to Gwalior and asked her family members as to whether amount has been arranged. Then the father of the complainant told that he is not in a position to arrange Rs. five lacs. On this, S
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