RAMESH CHANDRA SHARMA Vs. SMT.MEENA

JUDGEMENT

(1.) Applicants have filed present petition under Section 482 of Cr.P.C. for quashing the proceedings of criminal Case No. 627/2019 under Section 12 of Protection of Women From Domestic Violence Act, 2005 (in short DV Act) pending before the Court of Judicial Magistrate First Class, Indore.

(2.) It is not disputed that the Pooja daughter of applicant No.1 and 2 was married to the son of respondent on 07.12.2015. From their wedlock one daughter was born out. Presently Pooja is residing with the applicant No.1 and 2 with her daughter. The applicant No.3, 4 and 5 are the brother, brother in-law and sister of Pooja.

(3.) Learned counsel for the applicants has submitted that respondent and her son ill-treated the Pooja on account of demand of dowry. After receiving the information regarding this, the applicant No.1 and 2 approached Indore police for protection and with the help of police Pooja went back to the house of applicant No.1 and 2. After reaching in her parental house situated Alwar (Rajasthan) Pooja made complaint against the respondent and her son at Mahila police Station Alwar regarding demand of dowry and harassment. After the intervention of police, Pooja went back to Indore but after sometime she was again thrown out from her matrimonial house. Thereafter, Pooja filed an application under Section 125 of Cr.P.C. for getting maintenance from her husband. She again lodged police complaint against husband and his family members at Mahila Police Station Alwar. She also filed petition under Section 12 of DV Act against them. Then to build pressure upon Pooja, the respondent has filed this case under Section 12 of DV Act against the applicants, which is clear abuse pf process of law because the applicants never resided with the respondent, therefore, they are not covered under the definition of 'Domestic relationship'. Under these circumstances, no case is made out against them under the said Act, thus the trial court has committed error in taking cognizance against the applicants for the aforesaid offence. Hence, learned counsel for the applicants prays for quashment of proceedings of Criminal Case No.627/2019 pending before the Judicial Magistrate First Class, Indore against the applicant.