- (1.) Heard counsel for the applicants and the learned A.G.A. for the State and perused the material placed on record.
(2.) By way of filing this application, the applicants have sought to quash the entire proceeding against the applicants arising out of Complaint Case No. 60/2010 (Smt. Pinki vs. Dev Kumar Soni and others), under section 12 of Domestic Violence Protection Act, 2005, Police Station Kheragarh, District Agra pending in the court of learned Judicial Magistrate, Court No.2, Agra inter alia on the following grounds: 1.That the charges levelled against the applicants are false and fabricated and have been made in order to cause unnecessary harassment and to victimize them; 2.That constitutional direction of procedure established by law has not been followed by the learned Magistrate. 3.That the learned Magistrate took cognizance in a very lackadaisical manner and without application of judicial mind.
(3.) Taking note of the submissions made by the learned counsel for the parties and having perused the material placed on record, I am of the view that on the application moved by respondent no.2 before the concerned Magistrate under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Act"), only notice has been served upon the applicants under Section 13 of the Act, thus it would be open for the applicants to appear before the court concerned within stipulated period and file their objection.;