GARIMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sushildendra Kumar Sahu, learned counsel for applicants, learned A.G.A. for the State and perused the material available on record.

(2.) By means of the present application under Sec. 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.), the applicants have challenged the order dtd. 13/9/2024 passed by learned Additional Chief Judicial Magistrate, Lucknow in Complaint Case No. 5786 of 2024 whereby summoning the applicants under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (Smt. Sudha Mishra Vs. Smt. Garima and others).

(3.) It has been submitted by learned counsel for applicants that a complaint under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 was made by opposite party no. 2 before the learned Additional Chief Judicial Magistrate, Lucknow alleging therein that her son is married to applicant no. 1 - Smt. Garima while opposite party no. 2 t o 6 in the said application are the relatives of her daughter-in-law, namely, Smt. Garima. It was alleged that after marriage of her son with applicant no. 1, she regularly created pressure upon her son to start living along with her parents in Raebareli and when the son of opposite party no. 2 refused the request of his wife, applicant no. 1 started misbehaving with her son as well as the complainant and her family members. She further started abusing the complainant and threatening her with false cases.