Research › Search › Judgment

Himachal Pradesh High Court · body

2021 DIGILAW 761 (HP)

Anbar Bibi, W/o. Sh. Ramjan Mohammad v. Raveena Bibi, W/o. Akhtar Gafoor

2021-09-27

AJAY MOHAN GOEL

body2021
JUDGMENT : By way of this petition, filed under Section 482 of the Criminal Procedure Code, following prayer has been made:- “That the proceedings pending before the Ld. Judicial Magistrate, First Class Amb, District Una, H.P. in Registration No.-1437/2021, Case No.22 of 2021, Case title Raveena Bibi Versus Akhta Gafoor and Others in complaint under Section 12 of Domestic Violence Act-2005, may kindly be quashed and set aside against the petitioners in the interest of justice.” 2. This Court is of the considered view that the present petition is completely misconceived, as all the grounds which have been taken by the petitioners in this petition for quashing of the proceedings, can be agitated by the petitioners by way of filing their response before the learned Magistrate concerned. Even otherwise, this Court is of the view that the powers, so conferred upon it under Section 482 of the Criminal Procedure Code, are to be used sparingly and the same cannot be used in a routine manner, as the petitioners want this Court to do so. The contention that the petitioners are not guilty and that the proceedings have been initiated just to harass them are the grounds, which one can take before the Magistrate and all take and it is not for this Court to examine at this stage as to whether the averments as contained in the complaint are genuine or not. That has to be ascertained by the learned Magistrate in terms of the provisions of the Domestic Violence Act. Simply because a complaint has been filed and the process has been issued, this does not ipso facto means that the respondents impleaded therein are guilty. Said respondents have each and every right to put forth their respective contentions and the learned Magistrate is duty bound to take a call on the complaint so filed, after taking into consideration the respective stands of the parties. Therefore, respondents impleaded in a complaint have to participate in the proceedings and submit their response before the Magistrate concerned and ordinarily on their asking, this Court will not invoke its inherent powers under Section 482 of the Criminal Procedure Code and quash the complaint without allowing the Magistrate to adjudicate the same on the basis of pleadings and material before it. 3. 3. In these circumstances, this petition is dismissed as this Court does not finds any reason to interfere with the process which has been issued by the learned Magistrate, but with liberty to the petitioner to rake up all these issues which have been taken in this petition, before the learned Magistrate concerned. 4. Pending miscellaneous applications, if any, stand disposed of.