AMANPREET SANDHU Vs. SHAURYA SHANDILYA

JUDGEMENT

(1.) The petitioner and the respondent were concededly married to each other, their marriage having run into rough weather. This led to litigation including petition under Protection of Women against Domestic Violence Act, 2005 being initiated. The respondent had approached the Metropolitan Magistrate with a criminal complaint under Section 200 of the Code of Criminal Procedure, 1973 in May 2015, inter alia, alleging offence under Section 500 of the Indian Penal Code, 1860 having been committed by the petitioner. He pointed out that, in her petition under Section 125 Cr. PC, the petitioner had alleged that the respondent is a patient of depression, suffering from clinically diagnosed Obsessive Compulsive Disorder and was on medication running in poor health and would have massive showdown with certain persons. He alleged that the respondent had published a copy of the petition to unauthorized persons with the intent to bring him in disrepute in their estimation.

(2.) The Magistrate held inquiry in the course of which the respondent led evidence by examining not only herself but also at least two other persons to whom the copy of the petition had been allegedly circulated. It is on the basis of such material that the Magistrate issued summons to the petitioner by order dated 19.11.2015.

(3.) The petitioner invokes the jurisdiction of this court under Section 482 Cr. PC to seek quashing of the proceedings in the said criminal case submitting that the allegations in the complaint are false and misconceived.