KAWALJEET KAUR @ KHUSHBU DUA Vs. SURJEET DUA

JUDGEMENT

(1.) Respondents No.1 and 2 herein filed a complaint against the petitioner herein and respondent No.3 herein stating inter alia that the petitioner & respondent No.3 being their daughter-in-law & son, respectively, have committed the offence punishable under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act of 2007'), as they are parents and the petitioner & respondent No.3 have abandoned them and thereby they have committed the offence under Section 24 of the Act of 2007. The learned Chief Judicial Magistrate considered the matter and took cognizance of the offence punishable under Section 24 of the Act of 2007 and issued notices to the petitioner and respondent No.3 herein. The petitioner herein questioned that order before the revisional Court, but she remained unsuccessful necessitating the filing of this petition under Section 482 of the CrPC against which no reply has been filed.

(2.) Mr. Ratnesh Kumar Agrawal, learned counsel appearing for the petitioner, would submit that Section 24 of the Act of 2007 can be invoked only by the senior citizens as defined in Section 2(h) of the Act of 2007 according to which senior citizen means any person being a citizen of India, who has attained the age of sixty years or above. Since respondents No.1 & 2 herein, admittedly, on the date of complaint, were below the age of 60 years, therefore, the complaint could not have been entertained by the Chief Judicial Magistrate and as such, the order directing registration of offence deserves to be set- aside.

(3.) Ms. Deepali Dubey, learned counsel appearing for respondents No.1 & 2 herein, would support the order impugned.