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2014 DIGILAW 603 (ALL)

Murari v. State of U. P.

2014-02-18

MANOJ MISRA

body2014
JUDGMENT Manoj Misra,J.: - Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. By this application, the applicant has prayed for quashing of the proceeding of Complaint Case No. 377 of 2013 pending in the Court of Additional Chief Judicial Magistrate, Court No.12, Agra, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in so far as it relates to the applicant. 3. The submission of the learned counsel for the applicant is that the applicant, who is the Chachia Sasur of the opposite party No.2, has been residing separately since long and that the proceedings as against the applicant is completely unjustified, particularly, when the father-in-law, brother-in-law, mother-in-law and the husband as well as the other nearer relatives have been impleaded as party to the application. Reliance has also been placed on a decision of the apex court in the case of Ashish Dixit and others v. State of U.P. : 2013 STPL (Web) 44 SC in that regard. 4. The matter requires consideration. 5. bIssue notice to the opposite party No.2 returnable within four weeks. 6. List this application for orders before appropriate Court in the week commencing 07.04.2014, by which date, the opposite parties may file their respective counter-affidavits. 6. Till the next date of listing, the further proceedings in Complaint Case No. 377 of 2013 pending in the Court of Additional Chief Judicial Magistrate, Court No.12, Agra, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, shall remain stayed, as against the applicant only.