Complaint under d/v act
V.N.K. MENON
(Querist) 05 August 2017
This query is : Resolved
I SHALL BE MUCH THANKFUL FOR THE COLLECTIVE WISDOM AND OPINION OF THE FORUM EXPERTS IN THE FOLLOWING MATTER:
(1) Background: A case u/s 12 PWDV Act had been filed by my son’s wife interalia u/s S-125 CrPC and also 498A. Whereas there was no domestic relationship for more than one year from 02.05.2015 [there is PCR report that she was not allowed to go to sasural] when the said D/V case was filed on 30.11.2016 CLEARLY TO EXTORT MONEY.
(2) I am R-3 in case and summons had been issued to me. The case is in Misc. appearance and is listed in November 2017.
(3) Relying upon various decisions of High Courts, I want to file Petition for quashing the D/V complaint. Most important judgmement was delivered by the Hon’ble Apex Court as follows:
Criminal Appeal No. 1635 of 2011, Inderjit Singh Grewal vs. State of Punjab & Anr., DOJ: 23 August 2011. Para-24 is reproduced below:
QUOTE
24. ….. in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
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26. Petition filed by the appellant under Section 482 Cr.P.C. is allowed. Complaint No. 87/02/09 pending before the Magistrate, Jalandhar and all orders passed therein are quashed.
UNQUOTE
The question is: whom all I should make Opposite Parties in Memo of Parties in High Court.?>
Myself … Petitioiner.
vs.
1. A
2. B … Respondents.
3. MM, Mahila Court …. Proforma Respondent
P. Venu
(Expert) 06 August 2017
Separate applications/petitions needs to be moved in each case; respondents depends on the respective cause title.
V.N.K. MENON
(Querist) 06 August 2017
In S-125 case only my son is respondent. As such, how can I intervene; please give your considered opinion.
Dr J C Vashista
(Expert) 07 August 2017
I agree with the expert advise of Mr. P Venu.
You are not a party in the case u/s 125 Cr PC, hence you can not intervene the matter.
You will make the applicant/aggrieved person/your daughter in-law as respondent in the case u/s 12 of the Protection of Women from Domestic Violence Act, 2005 in your petition u/s 482 Cr. PC before High Court of jurisdiction.
V.N.K. MENON
(Querist) 07 August 2017
Doctor sir, please accept my sincere gratitude.
