D/v matter under pwdv act
Querist :
Anonymous
(Querist) 05 August 2017
This query is : Resolved
POSTED AS ANONYMUS FOR OBVIOUS REASONS:
I SHALL BE MUCH THANKFUL FOR THE COLLECTIVE WISDOM AND OPINION OF THE FORUM EXPERTS IN THE FOLLOWING MATTER:
(1) Background: A case u/s 12 PWDV Act had been filed by my son’s wife interalia u/s S-125 CrPC and also 498A. Whereas there was no domestic relationship for more than one year from 02.05.2015 [there is PCR report that she was not allowed to go to sasural] when the said D/V case was filed on 30.11.2016.
(2) I am R-3 in case and summons had been issued to me. The case is in Misc. appearance and is listed in November 2017.
(3) Relying upon various decisions of High Courts, I want to file Petition for quashing the D/V complaint. Most important judgmement was delivered by the Hon’ble Apex Court as follows:
Criminal Appeal No. 1635 of 2011, Inderjit Singh Grewal vs. State of Punjab & Anr., DOJ: 23 August 2011. Para-24 is reproduced below:
QUOTE
24. ….. in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
XXXXXXXX
26. Petition filed by the appellant under Section 482 Cr.P.C. is allowed. Complaint No. 87/02/09 pending before the Magistrate, Jalandhar and all orders passed therein are quashed.
UNQUOTE
The question is: whom all I should make Opposite Parties in Memo of Parties in High Court.?>
Myself … Petitioiner.
vs.
1. A
2. B … Respondents.
3. MM, Mahila Court …. Proforma Respondent
Rajendra K Goyal
(Expert) 05 August 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
