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CR.MA/9469/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9469 of 2010
=========================================================
ANUPBHAI
JAYANTILAL MODI & 5 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
CH VORA for
Applicant(s) : 1 - 6.
MR MG NANAVATY, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 16/08/2010
ORAL
ORDER
Petitioners
are facing proceedings under the Protection of Women from Domestic
Violence Act instituted by respondent no.2 who is wife of petitioner
no.1. Counsel for the petitioners submitted that number of family
members have been falsely dragged into litigation. He referred to
other proceedings instituted by wife also to contend that this is
case of gross abuse of process of law.
In
view of the fact that proceedings which the petitioners seek quashing
arise out of Protection of Women from Domestic Violence Act under
which, as held by this Court in case of Jaydipsinh Prabhatsinh
Jhala and others v. State of Gujarat and others in Special
Criminal Application No. 2068/2010 by order dated 21.12.2009, it is
well open for the Magistrate to drop the proceeding against all or
any of the respondents if reasonable grounds are made out. To do so,
I do not find it appropriate to examine the contentions of the
petitioners leaving it open for them to take all defences before the
learned Magistrate, who I am sure will examine the same at an
appropriate stage in accordance with law.
With
above observations, the petition is disposed of.
(Akil
Kureshi,J.)
(raghu)
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