- (1.) The present application has been filed with the prayer to quash the order dated 16.12.2015 passed by the Special Judge (SC/ST) Act, Agra in criminal appeal no. 349 of 2013 and the order dated 6.5.2013 passed by the Additional Chief Judicial Magistrate, Court No.10, Agra in case no. 1874 of 2012.
(2.) Heard Shri Viveka Nand Rai, learned counsel for the applicants and the learned AGA appearing for the State.
(3.) It was submitted by the learned counsel for the applicants that proceedings under Section 12 of the Protection of Women from Domestic Violence Act (in short 'the Act') cannot go-on as the entire family members have been arrayed, though they have no concern with the present matter. An application was moved in this regard before the court concerned, but the same was rejected on insufficient ground. The observation recorded by the concerned Magistrate that the issue raised by the applicants could only be decided by collecting evidence is illegal. The appellate court also did not consider these facts and illegally dismissed the appeal. There is infirmity and illegality in the impugned orders. In support of the aforesaid submissions, learned counsel for the applicants has placed reliance on the decision of the Supreme Court in the case of Ashish Dixit and others vs. State of U.P. And another, 2013 LawSuit(SC) 55.;