SUNIL KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present petition has been preferred by the petitioners for setting aside the order dtd. 17/11/2021 passed by the learned I/C Session Judge/Special Judge (SC/ST Act), District Kanpur Nagar in Criminal Appeal No. 125 of 2021 as well as the entire proceeding of the complaint case no. 4880 of 2019 dtd. 3/7/2019, under Sec. 12 of the Protection of Women from the Domestic Violence Act (hereinafter referred to as the Act, 2005), P.S. Rail Bazar, District Kanpur Nagar pending before the learned Additional Civil Judge (JD)-Ist, Kanpur Nagar.

(2.) Brief facts of the case as per the complaint filed by the respondent nos. 2 and 3, under Sec. 12 of the Act, 2005 before the learned Additional Civil Judge (JD)-Ist, Kanpur Nagar are that the marriage of petitioner no. 1 was solemnized with respondent no. 2 on 26/6/2002 and one son was born out of the aforesaid wedlock. Petitioner no. 1 had gone to Sultanate of Oman and during his absence, other petitioners used to harass the respondent no. 2 for dowry and being aggrieved by the harassment/domestic violence, the respondent nos. 2 and 3 have filed a complaint against the petitioners under Sec. 12 of the Act, 2005. It has further been alleged in the complaint that petitioner no. 1 had sent back the respondent no. 2 and her son to India and since then, she was living at her marital house. According to the petitioner, respondent no. 2 stayed with him at Oman for certain period and petitioner had bought jewellery for her and she was well treated, therefore, the allegations made in the complaint are frivolous and false.

(3.) Learned counsel for the petitioners has submitted that as per Sec. 2(q) of the Act, 2005, the word "respondent" has been defined to mean any adult male person and hence no complaint could be filed under Sec. 12 of the Act, 2005 against the petitioner nos. 2, 3 and 4, who are females. In support of his submission, learned counsel for the petitioners has relied upon the judgment of this Court in the case of Arun Sharma and Ors. vs. State of U.P. and Ors. [2015 (10) ADJ 540 (LB)].