KANTI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash / set aside summons dated 06.01.2011, issued against the applicants, by Addl. Chief Judicial Magistrate, Kotdwar, in criminal case no. 161 of 2011, Smt. Priti Sharma vs Kanti Devi and another, under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

(2.) Complainant (respondent no. 2 herein) filed a criminal complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as 'the Act') against her mother-in-law and brother-in-law in the court of Addl. Chief Judicial Magistrate, Kotdwar, Garhwal. Applicants were asked to appear before the said court. Feeling aggrieved against the same, present application under Section 482 of Cr.P.C. was filed by the applicants.

(3.) Complainant-respondent no. 2 was married to Vijay Sharma (since deceased) on 13.01.2009, according to Hindu rites and rituals. Vijay Sharma died on 26.09.2009. The mother-in-law and brother-in-law of the complainant-respondent no. 2 started castigating her for premature death of her husband. She was ousted from her matrimonial home. Her stree-dhan was withheld. Complainant-respondent no. 2 served a notice, through her counsel, upon her mother-in-law and brother-in-law, who continued to threaten her with dire consequences. Complainant-respondent no. 2 has no means for her livelihood. She, therefore, prayed for certain reliefs under Sections 18, 19, 20, 21 and 22 of the Act.