A 482 Cr.P.C. application under Section 482 Cr.P.C. to quash an interim order rejecting an application for discharge in proceedings under the Protection of Women from Domestic Violence Act, 2005. The High Court found no illegality or infirmity and dismissed the application for lack of merit.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 24102 of 2019
Applicant :- Maha Narayan And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 06.06.2019 as well as the entire proceedings of Case No. 173 of 2013 (Smt. Bitan Devi Vs. Maha Narayan and others), under Section- 12 of Protection of women from Domestic Violence Act, 2005, Police Station- Kalayanpur, District- Kanpur Nagar, pending in the court of M.M. X, Kanpur Nagar.
It appears that the complaint was filed by Opposite Party No. 2 (wife of applicant No. 1) under Section 12 of Protection of women from Domestic Violence Act, 2005.
Prima facie, the offence under Section 12 of Protection of women from Domestic Violence Act, 2005 against the applicants are made out. The applicants filed an application for discharge under Section 239 Cr.P.C. which was rejected by impugned order dated 06.06.2019 on the ground that the application for discharge in an proceeding under Section 12 of the Act is not maintainable and even otherwise no affidavit in support of the applicants has been filed by the applicants. He was merely issued summoned to file the objection on the application filed by the complainant.
I do not find any illegality or infirmity in the order impugned.
The application lacks merit and is, accordingly, dismissed. Order Date :- 1.7.2019 Sweety
1 issue framed by the court
Whether the order rejecting the application for discharge under Section 239 Cr.P.C. in proceedings under the Protection of Women from Domestic Violence Act, 2005, is illegal or infirm.
Maha Narayan And 02 Others
Rajiv Joshi
As recorded by the court registry
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