SCR.A/1708/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1708 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== RATILAL CHOTALAL PUROHIT & 2 - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ====================================== Appearance : MR PR NANAVATI for Applicant(s) : 1 - 3. MR DIPEN DESAI APP for Respondent(s) : 1, MR RAJESH K SHAH for Respondent(s) : 2, ====================================== CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 30/10/2007 ORAL JUDGMENT SCR.A/1708/2007 2/3 JUDGMENT 1. RULE. Learned A.P.P. Shri Dipen Desai wavies service of Rule on behalf of respondent No.1, State and learned advocate Shri Rajesh K. Shah waives service of Rule on behalf of respondent No.2 2. The petitioners are the father-in-law, brother-in-law and sister-in- law of respondent No.2. Respondent No.2 has moved an application before the learned Magistrate seeking certain protection under the provisions of Protection of Women from Domestic Violence Act, 2005. The learned Magistrate has issued notice against the petitioners as well as husband of respondent No.2. 3. In the present petition, the petitioners have opposed the action of the learned Magistrate taking cognizance of the complain of respondent No.2 qua petitioners. 4. Learned advocate Shri Nanavati for the petitioners does not press this petition qua petitioners No.2 and 3. 5. In so far as petitioner No.1 is concerned, it is stated in the petition that since many years, he is not residing with the husband of respondent No.2. His age is 76 years and leading retired life. This averments are not seriously disputed in the reply filed by respondent No.2. SCR.A/1708/2007 3/3 JUDGMENT 6. In this peculiar facts and circumstances of petition, the process issued by the learned trial Judge qua petitioner No.1 in the complaint of respondent No.2, which is annexure A is hereby quashed. It is clarified that proceedings shall continue qua the rest of the petitioners as well as the husband of the complainant. 7. With these directions, the petition is disposed of with above directions. Rule is made absolute to the above extent. (AKIL KURESHI, J.) ynvyas