Dheeraj Kumar And Another vs Ujala Devi

Rajnesh Oswal, J

The present petition has been filed by the petitioners for quashing the application/complaint, titled, Ujala vs Shri Kant and others filed by the respondent against the petitioners under the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010, which is a repealed Act in the court of Chief Judicial Magistrate, Doda (hereinafter to be referred as the trial court) as also order dated 18.08.2020 passed by the learned trial court by virtue of which, the petitioners have been summoned in the above titled application for facing trial.

Following issues have been raised by the learned counsel for the petitioners during the course of arguments:

(i) that the aforesaid application has been filed by the respondent under the repealed Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010;

(ii) that there was no domestic relationship between the petitioners and the respondent

(iii) that there are vague allegations in the application, as such, the petitioners could not have been summoned.

Response stands filed in which it is stated that the said application was filed under the repealed Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 and as soon as this fact came to the knowledge of the respondent, the respondent filed an application before the learned trial court for table amendment and correction of error along with the aforesaid application and the same is still sub judice and this fact has not been disputed by the respondent.

In the event, the application seeking table amendment is dismissed, the proceedings against the petitioners would come to an end, as such, the present petition is disposed of with a direction to the learned trial court to decide the application for table amendment as well as correction of error as expeditiously as possible, preferably within a period of one month. The petitioners shall be at liberty to approach this Court afresh if the cause of action still survives.

The parties shall appear before the trial court on 10.11.2021.