BHARTI ANAND Vs. SUSHANT ANAND

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Code of Criminal Procedure, 1973 ["CrPC"], the petitioner assails an order of the Metropolitan Magistrate, Mahila Court-02, West, Tis Hazari Court, Delhi ["MM"] dtd. 27/9/2021 in CIS No. 194/2021, to the extent that summons in her complaint under the Protection of Women from Domestic Violence Act, 2005 ["the DV Act"] were not issued to the respondent Nos. 3 and 4. The petitioner also assails the order of the Additional Sessions Judge, West, Tis Hazari Court, Delhi, dtd. 16/3/2022 in Crl. Appeal No. 130/2021, whereby the aforesaid order of the MM was affirmed in appeal.

(2.) The respondent No. 1 in these proceedings is the petitioner's husband and the respondent No. 2 is her mother-in-law. The respondent No. 3 is the petitioner's sister-in-law (being her husband's sister) and the respondent No. 4 is the husband of the respondent No.3.

(3.) The petitioner filed an application under Ss. 12, 17, 18, 19, 20 and 22 of the DV Act in March, 2021. All the four respondents were arrayed as accused in the said application. By an order dtd. 19/3/2021, notice was issued to the respondent No. 1 and the matter was adjourned for consideration on the point of issuance of summons to other respondents. By the order dtd. 27/9/2021, the MM issued summons to the respondent No. 2 also, but came to the conclusion that respondent Nos. 3 and 4 had not been residing in the shared household and no summons were therefore issued to them.