NANDAN SINGH MANRAL Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C has been preferred by the Petitioner seeking quashing of order dated 5th November, 2009 by which notice/process has been issued against the petitioner in complaint case bearing CC a No.V-328/09 pending in the Court of learned Metropolitan Magistrate, Delhi under section 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as ? the said Act).

(2.) The present petitioner is brother in law of the husband of wife i.e. he is husband of sister's husband (behnoi) and was living at Bareili, Uttar Pradesh whereas the wife was living with her husband at Ram Nagar, Uttrakhand.

(3.) She made a complaint at Delhi under Section 12 of the said Act making the petitioner herein as a respondent. Under the said Act only those persons can be arrayed as respondents who had a shared household at the time of incident with the aggrieved person. The 'respondent' is defined in Section 2(q) of the said Act and it is mandatory under Section 2 (q) that in order to be a respondent, the person must have domestic relationship with the aggrieved person. The domestic relationship as defined under Section 2(f) of the said Act provides that a relationship between two persons is called domestic relationship if the two persons have lived at any point of time in a shared household. The share household has been defined in Section 2(s) which reads as under :