Criminal Writ Petition No. 905 of 2010. Case: Mangesh Sawant Vs Minal Vijay Bhosale and Anr. High Court of Bombay (India)
| Case Number | Criminal Writ Petition No. 905 of 2010 |
| Counsel | For Peititoner: A. M. Shete, Adv. and For Respondents: Mrs. A. A. Mane, APP |
| Judges | Abhay S. Oka, J. |
| Issue | Criminal Procedure Code (2 of 1974) - Section 482 |
| Citation | 2012 CriLJ 1413 |
| Judgement Date | October 05, 2011 |
| Court | High Court of Bombay (India) |
Judgment:
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Heard the learned counsel appearing for the petitioner. The petitioner is invoking Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India praying for quashing the proceedings of the application made by the first respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act").
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The averments made in paragraph Nos. 3 and 4 of the petition read thus:
"3. The petitioner states that since Shri. Vijay Yashwant Bhosale harassed the Respondent No. 1, the Respondent No. 1 invoked the provisions of the Protection of Women from Domestic Violence Act, 2005 by filing Criminal Case No. 18 of 2010 under Sections 18, 19, 20, 21 of the Protection of Women from Domestic Violence Act, 2005 in which the Respondent No. 1 impleaded the present Petitioner in the capacity of friend of husband of the Respondent No. 1. Hereto annexed and marked as Ext.-A is the copy of the said complaint dated 12-2-2010.
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The petitioner states that the Learned Trial Court after verification was pleased to summon the present petitioner. Hereto annexed and marked Ext.-B is the copy of the said summons dated 17-2-2010.
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The ground (E) of paragraph No. 6 of the petition indicates that process has been issued on the complaint filed by the first respondent by taking cognizance thereof. In the petition, there is no challenge to any order passed by the learned Magistrate on application under Section 12 of the said Act.
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The preamble of the Act shows that the same has been enacted to provide more effective protection to the rights of women guaranteed under the Constitution of India who are victims of violence of any kind occurring within the family and matters connected therewith or incidental thereto.
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The proceedings under the said Act can be initiated in accordance with Section 12(1) of the said Act. Proceedings can be initiated either by the aggrieved person or by the protection officer or any person on behalf of the aggrieved person. The application under Section 12(1) is required to be filed in accordance with the format prescribed by Rule 6 of the Protection of Women from Domestic Violence Rules, 2006 (hereinafter referred to as "the said Rules"). Under sub-section (4) of Section 12 of the Act, after receipt of the application, the learned Magistrate is required to fix the first date of hearing and notice is required to be issued in accordance with Section...
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