HIGH COURT OF UTTARAKHAND Stayed the Domestic Violence 2005 case

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

CRIMINAL MISC. APPLICATION U/S 482(C482) 609 of 2007
New No. of 0
()

FATEH SINGH CHAUHAN AND ANOTHER
...........Petitioner(s)

Versus

STATE AND OTHERS
...........Respondent(s)

...........Advocates for Petitioner(s)

...........Advocates for Respondent(s)

Arising out of.........

Coram: Hon`ble P.C.Pant,J.

Dated: 30/08/2007

Judgment: Heard.
Admit the petition.
Issue notices to respondent No. 2 Smt. Archana Pal Chauhan, who may file her counter affidavit, within a period of three weeks.
Also heard on prayer for interim stay.
It is argued on behalf of the petitioners that the respondent No. 2 has initiated litigations one after another against her husband and the petitioners, who are father-in-law and mother-in-law of respondent No. 2. Apart from a case under Section 125 of the Cr.P.C. instituted against her husband, respondent No. 2 has lodged first information report against the petitioners relating to offences punishable under Section 498-A and 323 of I.P.C. It is further alleged that the present complaint under the Protection of Women from Domestic Violence Act, 2005, instituted against the petitioners is nothing but abuse of process of law. It is further submitted that no Protection Officer has been appointed, as required under Section 12 of the aforesaid Act, and it is contended that the Magistrate should not have entertained the complaint directly.
Without expressing any opinion as to the final merits of the case, in the above circumstances, it is directed that the operation of the impugned orders dated 01.05.2007, passed by the Chief Judicial Magistrate, Dehradun, and order dated 14.08.2007, passed by Additional Sessions Judge II, Dehradun, shall remain stayed, until further orders of this Court.

(P.C. P., J.)
30.08.2007