- (1.) THE applicants have approached this Court with the prayer that the proceedings of the Criminal Case No. 2227 of 2011 (Subhi Malviya vs Ranjan Malviya and others), under section 12 of the Protection of Women from Domestic Violence Act, 2005, PS Attarsuiya, district Allahabad be quashed.
(2.) THE brief facts, which are necessary to dispose of the application are recaptulated as under: Smt. Subhi Malviya is the wife of Ranjan Malviya, younger brother of applicant No. 2, Shivji Malviya. The marriage of Smt. Subhi Malviya with Ranjan Malviya led to bitter experiences and the hostility between the two developed, whereinafter Smt. Subhi Malviya lodged a report under section 498 -A and 323 IPC against the present applicants as well. Other proceedings were also launched including the application under section 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as P.W.D.V. Act) with the prayer that the compensation and maintenance be awarded against the opposite parties -present applicants, who are the Jeth and Jethani and her parents -in -law. This application remained pending and now the applicants have approached this Court with the prayer for quashing the proceedings. Counter and rejoinder affidavits have been exchanged between the parties.
(3.) HEARD learned counsel for the parties and learned Additional Government Advocate for the State at length and perused the record. It has been argued on behalf of the applicants that the applicants cannot be made party in the application under section 12 P.W.D V. Act as they have no concern in the matter nor have they any share in the alleged share house. Reliance has been placed upon the judgment of Hon'ble the Apex Court in the Case of S.R. Batra And Anr vs Smt. Taruna Batra, 2007 AIR(SC) 1118.;