K NARASIMHAN Vs. ROHINI DEVANATHAN

JUDGEMENT

(1.) The petitioner has sought for quashing the proceedings against him in Criminal Miscellaneous No. 1445/2008 pending before the VIII Additional CMM, Bangalore.

(2.) The respondent filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act against her husband and the petitioner who is her brother-in-law making certain allegations so as to attract the provisions of Section 3 of the Act. The learned Magistrate based on the said complaint, ordered to register the case and to issue summons, as against which, the petitioner is before this Court seeking for quashing the proceedings on various grounds.

(3.) As it transpires, the first accused was in search of a girl and contacted the respondent under the matrimonial website i.e. Shadi.com and on 23-2-2004, they got married after negotiation. After marriage, the first accused left for Canada during March 2004 and was residing there. It appears, on 1st August, 2004, the respondent also joined her husband. Thereafter, differences arose between the couple and they started residing separately since May 2007. The respondent also is said to have given an advertisement in matrimonial website column stating that she is separated from her husband and looking for alliance outside India and the same was revised during August 2007. When the relationship between the respondent and her husband was strained, the respondent initiated proceedings under the Domestic Violence Act and also made allegations against her husband and the petitioner herein who is her brother-in-law.