SURENDER SINGH KASANA Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to Sidharth Kasana, son of the petitioner, on 15.02.2010, but the marriage ran into rough weather and she statedly left the matrimonial home. Eventually, she filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (DV Act, for short) on 26.06.2014, attributing certain acts of commission, inter alia to the petitioner (father-in-law), others impleaded in the said proceedings being inclusive of the husband, the mother-in-law, sisters-in-law etc. In the said petition under DV Act, she levelled certain allegations against the petitioner as well.

(2.) Referring to the said allegations terming them as false and concocted, the petitioner filed a criminal complaint in the court of Metropolitan Magistrate alleging offence under Section 500 of Indian Penal Code, 1860 (IPC) having been committed. It may be mentioned here that the other persons who were impleaded as respondents in the petition under DV Act also filed similar complaints, all the said complaints having been inquired into under Section 200 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by the Metropolitan Magistrate. In each criminal complaint, including the one preferred by the petitioner, alleging offence under Section 500 IPC, the respective complainant appeared as the solitary witness (CW-1).

(3.) The Metropolitan Magistrate dismissed all the abovesaid complaints, by order dated 20.08.2015, inter alia, observing that the same were premature, the falsity or otherwise of the allegations of domestic violence attributed by the second respondent in the proceedings under DV Act being a matter yet to be adjudicated upon.