2013(5) ALL MR 124
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.S. DALVI, J.
Natarajan Sundaresan Vs. Shadi Natarajan
Writ Petition No. 2651 of 2013,Writ Petition No. 910 of 2013
14th March, 2013
Petitioner Counsel: Mr. Prasad Kulkarni
Respondent Counsel: Prasad Kulkarni
(A) Protection of Women from Domestic Violence Act (2005), S.18 - Order of no violence - Challenge - Petitioner stating that he is suffering from said order - Petitioner not shown how he can suffer from non-violence - Petition liable to be dismissed. (Para 3)
(B) Criminal P.C. (1973), S.482 - Protection of Women from Domestic Violence Act (2005), S.18 - Quashing of complaint - Complaint under Domestic Violence Act is not strictly criminal proceeding and cannot be quashed - Petition liable to be dismissed.
2012 ALL MR (Cri) 1113 Rel.on. [Para 5]
Cases Cited:
Mangesh Sawant Vs. Minal Vijay Bhosale & Anr., 2012 ALL MR (Cri) 1113=2012 CRI L J 1413 [Para 5]
JUDGMENT
JUDGMENT :- Rule. Made returnable forthwith in both the Petitions.
The petitioner has challenged the order of Family Court, Pune dated 11th January, 2013 in Writ Petition No. 2651 of 2013 passing directions that since the petitioner (who was the respondent in that petition) was served and has knowledge of the petition, but has remained continuously absent, the petition is adjourned to proceed exparte.
2. There is nothing erroneous about the order. The petitioner has also prayed for quashing the family court proceeding being Petition No.A 1202 of 2012 filed by the respondent wife.
3. The family court proceeding cannot be quashed. Both the reliefs under prayers (a) and (b) of the petition cannot be granted and are refused. The petition is wholly frivolous. The petitioner's Advocate relied upon an order of this Court in an earlier writ petition of the petitioner bearing No.4034 of 2012 seeking police protection. That writ petition has also been withdrawn by the petitioner as material averments and documents were missing from that petition. That cannot come to the aid of the petitioner in this petition. The petitioner has shown the order of the Judicial Magistrate (First Class), Court No.5, Pune dated 16th July, 2012 restraining him from causing domestic violence and dragging the wife and daughter outside the house with a copy to the concerned police station. The petitioner states that he is suffering that order. That order only calls upon the petitioner not to be violent. The petitioner has not shown how he can suffer from nonviolence.
4. This Writ Petition No. 2651 of 2013 is wholly frivolous and is, therefore, dismissed.
5. The petitioner has also prayed for quashing the complaint under the Protection of Women from Domestic Violence Act, 2005 (DV Act)in Writ Petition No. 901 of 2013. It has been held by this Court in the case of Mangesh Sawant Vs. Minal Vijay Bhosale & Anr. 2012 CRI L J 1413 : [2012 ALL MR (Cri) 1113] that a complaint under the DV Act is not strictly a criminal proceeding and consequently cannot be quashed. The petitioner shall appear before the learned Judicial Magistrate First Class, Court No.5, Pune to defend that proceeding if he so deems fit. The learned Judicial Magistrate First Class, 5th Court, Pune shall proceed with the application under DV Act in accordance with law.
6. It is seen that the petitioner has filed wholly frivolous proceedings. Both the proceedings have been dismissed without the need for issue of notice to the respondent.
7. The Registrar, Judicial of this Court shall send the copy of this order to the learned Judge, Family Court taking Petition No. A 1201 of 2012 as also to the learned Judicial Magistrate First Class, 5th Court, Pune.