Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 43 OF 2013
(SPECIAL LEAVE PETITION (CRL.)NO.8522 OF 2010)
ASHISH DIXIT & ORS. APPELLANTS
VERSUS
STATE OF U.P. & ANR. RESPONDENTS
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and
order dated 05.07.2010 passed by the High Court of
Judicature at Allahabad in Criminal Miscellaneous
Application No.8358 of 2008. By the impugned judgment and
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order, the High Court has refused to quash the proceedings
initiated against the petitioners by the respondent no.2-
wife, under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 (for brevity “the Act, 2005”).
3. In the petition filed by respondent no.2, apart
from arraying her husband and her parents-in-law as parties
to the proceedings, has included all and sundry, as
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respondents. To say the least, she has even alleged
certain actions said to have been done by the tenant whose
name is not even known to her.
4. In a matter of this nature, we are of the opinion
that the High Court at least should have directed that the
petition filed by respondent no.2 be confined to her
husband as also her parents-in-law and should not have
allowed the impleadment of respondent nos.4 to 12.
5. In view of the above, while allowing this appeal
in part, we quash the proceedings as against appellant nos.
4 to 12 in Case No.240 of 2007. We direct the learned
Chief Judicial Magistrate, Agra to proceed with the
aforesaid case; only against the husband i.e. Shri Ashish
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Dixit, S/o. Padmakar Dutt Sharma, her father in law, Shri
Padmakar Dutt Sharma, S/o.late Pt.Diwakar Dutt Sharma and
Smt.Girja Dixit, W/o.Shri Padmakar Dutt Sharma, her mother
in law.
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6. We are of the opinion that the direction issued by
the High Court, inter-alia, directing the appellants herein
to appear before the Trial Court and seek bail is wholly
unnecessary.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
JANUARY 07, 2013.
JUDGMENT
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