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Judgment
B.N. Karia, J
Under the instructions, learned advocate for the applicants requests to permit the applicants to withdraw this application qua the applicant no.1-Kartik Jitendrabhai Vora and seeks permission to withdraw the same qua the applicant no.1. Permission, as sought for; stands granted. Present application stands disposed of as withdrawn qua applicant no.1.
By way of present application, the applicants No. 2 and 3 have prayed to quash and set aside the complaint being Criminal Misc. Application No. 152 of 2019 filed under Section 13 of the Protection of women from Domestic Violence Act before the learned JMFC Court, Morbi and further prayed to stay the further proceedings thereof till final disposal of this application.
Heard learned advocate for the applicants No. 2 and 3.
It was submitted by learned advocate for the applicants No.2 and 3 that the marriage of the respondent no.2 was solemnized with the son of the applicants no.2 and 3 on 28.05.2013 as per Hindu rites and rituals. As per the allegations made in the complaint, domestic violence was occurred to the original complainant in the year 2016 and place shown at the flat where she is residing. That, initially the respondent no.2 had initiated proceedings for maintenance under Section 125 of the Code of Criminal Procedure before the court of learned JMFC at Dhagandhra, which was decided and maintenance to the tune of Rs. 6000/- was granted vide order dated 07.06.2017 That, the husband of the respondent no.2 also filed divorce petition being Family Suit No. 6 of 2018 which was decided and rejected vide order dated 30.08.2019. That, thereafter respondent no.2 filed an application for enhancement of the maintenance wherein no allegations were made regarding the domestic violence caused against the respondent no.2. That, not a single incident stated in the complaint or in the report of the officer under the DV Act and learned Magistrate has passed an order of issuing the process.
Issue requires consideration.
Notice returnable on 9th June 2021. Learned APP waives service of notice for and on behalf of the respondent No.1-State.