JIYAUL HASAN Vs. STATE OF U P

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been Filed for quashing of the entire proceedings in Criminal Complaint Case No. 179 of 2011 (Km Sainki Alam v. Jiyaul Hasan and others) under Section 12 of the Protection of Women From Domestic Violence Act, 2005, P.S. Shahganj, District Agra pending before the 4th ACJM, Agra. Allegations contained in the complaint against the applicants are that being father of the complainant he was not taking any steps to get his daughter married who is respondent No. 2 in the complaint. It is further alleged that she had requested the applicants that she is of marriageable age and wants to get married. This is said to have infuriated her parents and the other applicants arrayed as accused in the complaint are said to have beaten her. It is also alleged in the complaint that she was threatened by the applicants as a result of which she left house of father and is living with her maternal grant father. Incident is said to have taken place on 11.10.2010. It is further revealed from the complaint that brother and uncle of the complainant had become furious and on the intervention of the maternal grand father they agreed to examine the issue. Since the issue involved is with regard to marriage of complainant as' such this has to be resolved.

(2.) The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention and for the purposes of harassment. The Court below after recording the statement of the complainant and her witnesses under Sections 200 and 202 Cr.P.C. issued summons to the applicants. In her preliminary statement, complainant has repeated the same story that she had become of marriage age and her parents were not taken any interest in her marriage. This order is subject-matter of challenge before this Court.

(3.) In order to constitute an offence under Section 12 of the Protection of Women from Domestic Violence Act the Court must satisfy that the offence of domestic violence must have been committed. Section 3 of the Act defines Domestic Violence as under: