1 (Crim wp 2184 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2184 OF 2010 Mr.Dinesh Kadam and Anr. ...Petitioners Vs. Mrs. Kavita Bhushan Kadam and Anr....Respondents ----- Mr.D.B. Patil with Miss Meenakshi D. Patil for Petitioners Ms.Smita Telang and Ms. Nita Kedia for Respondent No.1 Mr.S.A. Shaikh -APP for the State ----- CORAM: V.M. KANADE J. DATED: 18TH AUGUST, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioners, Respondent No.1 and the learned APP for the State. 2. This petition is filed by the Petitioners for quashing the complaint filed against the father-in-law and the mother-in-law under the provisions of The Protection of Women from Domestic Violence Act, 2005. 3. It is submitted that no relief is claimed by the Respondent No.1 against the Petitioners herein. He 2 (Crim wp 2184 of 2010) invited my attention to the prayer clause. It is submitted that on this ground alone, this complaint is liable to be quashed. Secondly, it is submitted that the entire cause of action had arisen abroad and, as such, the Learned Magistrate did not have jurisdiction to try and decide the said complaint. 4. On the other hand, the learned Counsel for the Respondent No.1 submitted that there was a typographical error and as a result of which, the names of the Petitioners were not mentioned in the prayer clause. It is submitted that the application for amendment has now been filed for correcting the typographical error. 5. In this view of the matter, the first submission made by the learned Counsel for the Petitioners does not survive. So far as the second prayer is concerned, the Respondent No.1 is residing at Panvel. The question of jurisdiction can always be gone into by the Trial Court if so raised by the Petitioners herein. If the said question is raised, the Trial Court may consider the question of jurisdiction at the time of final disposal of the complaint. 6. Hence, no case is made out for inferring with the 3 (Crim wp 2184 of 2010) order of issuance of process passed by the Learned Magistrate. 7. The Petitioners, however, may be exempted from appearing in the Trial Court unless their presence is required. Petition is, accordingly, disposed of. (V.M. KANADE J.)