DEVASHISH YADAV Vs. GUNJAN YADAV

JUDGEMENT

(1.) The present petition under Section 482 of Cr.P.C. preferred at the instance of petitioners (husband and mother-in-law respectively), whereby they are seeking quashment of domestic violence proceedings filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for brevity "Act, 2005") vide Complaint Case No.823/2018 pending before Judicial Magistrate First Class, Gwalior.

(2.) Precisely stated facts of the case are that petitioner No.1 got married to respondent No.1 on 10-03-2016 as per Hindu rites and rituals at Gwalior. Later on, marriage was registered at Jaipur Nagar Nigam (Rajasthan) and they lived as couple for a year and as per the allegations, on 17-03-2017 respondent No.1/wife left her matrimonial home for her parental home at Gwalior. At that point of time, she conceived a baby and, therefore, on 4-11-2017 delivered a baby boy (respondent No.2 herein). Since couple shared domestic incompatibility and dispute, therefore, series of litigations started between the two. Petition under Section 9 of Hindu Marriage Act for restitution of conjugal rights was preferred at the instance of husband (petitioner No.1 herein) and proceedings under Section 498-A, 294, 506 and 34 of IPC as well as under the Act, 2005 were initiated at the instance of respondent No.1 alongwith other proceedings.

(3.) In the case under consideration, respondent No.1 filed complaint against the petitioners under Section 12 of Act, 2005 at JMFC, Gwalior and it appears that cognizance has been taken by the Trial Court. Therefore, petitioner has preferred this petition for quashment.