Gautam Bag & Others v Smt. Kalpana Bag & Another (Criminal Revision No. 3384 of 2015)
The petitioners prayed that the Misc. should be quashed. In Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Court of Apprenticed Justice of Serampore, Case No. 153 of 2015, initiated by the other Party, No. 1 against the petitioners by filing this revision in Section 482 of the Code of Criminal Proceedings, 1973.
It appears from the petition of a complaint filed by the opposite party no.1 against the petitioners before the trial court that the petitioner no.1 is the brother-in-law of the opposite party no.1 and other petitioners are members of the family of the petitioner no.1From the above petition, it also appears to be accurate that after the decease both the petitioners and the other party No.1 have resided in the undivided house of one Sudhabala Devi.
It happens that Sudhabala Devi is the mother of petitioner No1 of the contrary faction the mother of the petitioner no.1. The petition charges that the petitioners were threatening to dispose of the undivided housing of the opposite party, No. 1 of the lawsuit.
In the immediate situation, the undivided conflicting house of the opposite party No.1 where the petitioner No.1 lived belonged to the late mother-in-law of the other party No.1. It was also advised that a division case is pending before the civil court between plaintiff No. 1 and opposite party No. 1 for undivided land, including undivided the building.
It was decided that the petitioner No.1 and the other Party No.1 had domestic ties.
Also, in compliance with Section 12 of the Protection of Women from Domestic Violence Act, 2005 opposite party No. 1 claimed to be relieved before the trial court.
Thus, in the context of Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 can be constructed in compliance with Petitioner No. 1 and the Opposite Party No.1.
Since, under section 12 of the Protection of Women from Domestic Violence Act, 2005, opposite party No.1 as an accused person sought relief against the petitioner No.1, The new proceeding Misc. case no. 153 of 2015 was found to be maintainable in law, pending before the court of learned Judicial Magistrate, Serampore.
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