Wife files DV once 498a stayed ! Guj HC finds out the abuse of process of law !

Wife file DV case after 498a is stayed by Hon HC of Gujarat ! HC understands the motive and orders “…From the above uncontroverted facts, a prima facie case is made out showing abuse of process in initiating the domestic violence proceedings…” and stays lower court proceedings

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4435 of 2015
GAURAV BABULAL THAKOR & 4….Petitioner(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)

Appearance:
MR BP GUPTA, ADVOCATE for the Petitioner(s) No. 1 – 5
GOVERNMENT PLEADER for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 19/06/2015
ORAL ORDER

Draft amendment tendered today is granted to replace and substitute paragraph 10(A) and the prayer clause in paragraph 10 of the petition. The same shall be carried out immediately.

2. By filing the present petition under Article 226 of the Constitution, the petitioners have prayed to quash the proceedings of Case No. 85 of 2014 filed before the learned Metropolitan Magistrate, Court No.2, Ahmedabad, by respondent No.2-wife under the Protection of Women from Domestic Violence Act, 2005.

3. Learned advocate Mr. B. P. Gupta for the petitioners submitted that the proceedings initiated are abuse of process of law and factuated with in order to harass the petitioners. In that regard, it was submitted that the husband and wife have been staying separately since 2010. A complaint under Section 498A was filed by the wife in April 2014. The same was subjected to a proceedings before this Court by filing Criminal Misc. Application No. 4247 of 2014 under Section 482 of the Code of Criminal Procedure, 1973. This Court has stayed the proceedings pursuant to the said complaint by order dated 08.01.2015. The complaint under the Domestic Violence Act was filed thereafter.

4. Though served with the notice of this Court, none appears for the respondents.

5. From the above uncontroverted facts, a prima facie case is made out showing abuse of process in initiating the domestic violence proceedings. Therefore, RULE, returnable on 30th July, 2015. Till the next date, there shall be no further proceedings before the Court of learned Metropolitan Magistrate in respect of Criminal Case No. 85 of 2014.

(N.V.ANJARIA, J.)

chandrashekhar

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