CRM No.M-7307 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM No.M-7307 of 2010 Date of decision : 7.12.2010 Naveen Kumar and another .........Petitioners Vs. State of Haryana and another .......Respondents CORAM : HON'BLE MR. JUSTICE M.M.S.BEDI : Present:- Mr.Sumit Saini, Advocate, Amicus curiae, for the petitioners Mr.Amit Rana, DAG, Haryana --- M.M.S.BEDI, J (ORAL) : The petitioners are husband and mother-in-law of Sarika, who has filed a complaint under Section 12 of the Protection of Women from Domestic Violance Act (Annexure P-3). They have been issued notices to answer the allegations in the said complaint. Petitioners claims that a petition under Section 125 of Cr.P.C. has already been filed by the complainant and that she is earning. As such, she is not entitled to any compensation or other relief. After hearing learned counsel for the petitioners, I am of the opinion that the petition for quashing of the proceedings is not maintainable at this stage. All the pleas taken up in this petition can be raised by the petitioners before the Court concerned. The petitioners are not required to appear in person on each date of hearing in proceedings under the Domestic Violance Act. CRM No.M-7307 of 2010 -2- It is claimed that petitioner No.2 Savita is an old lady, incapable of moving on account of her ill health. It is made clear that it will not be mandatory for Savita, petitioner No.2 to personally appear on each date of hearing before the Court. It will be open to the petitioners to contest the proceedings through counsel. If any adverse order is passed against the petitioners, they have got an alternative remedy of appeal in accordance with the provisions of the Act. It will be appreciated in case the provisions of Section 12 (v) of the Protection of Women from Domestic Violance Act are followed by the Magistrate. This Criminal miscellaneous is disposed of. (M.M.S.BEDI) JUDGE 7th Dec., 2010 akm