MAHESH MATHUR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Cr.P.C. for quashtng the Case No.1/2012 pending before the JMFC, Gwalior, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short the Act).

(2.) THE brief facts giving rise to this petition are that respondent No.2/complainant has filed an application before the JMFC, Gwalior, on 25.6.2012 alleging that on 27.4.2012 her in -laws turned out her and sent her to Gwalior keeping her jewellery and clothes and told the complainant to ask her parents to arrange Rs. five lacs. On 6.5.2012 husband of respondent No.2, Dr. Mahesh Mathur, father -in -law Ramswaroop Mathur, mother -in -law Smt. Sheela Mathur and sister -in -law Geeta Dayal came to Gwalior and asked her family members as to whether amount has been arranged. Then the father of the complainant told that he is not in a position to arrange Rs. five lacs. On this, Sheela Mathur and Geeta Dayal became annoyed and started shouting that if he was not having the amount, why he has married his daughter. Thereafter, father of the complainant called his son -in -law Sughar Singh and daughter Namita Singh along with Anil Chaudhary and Dharmendra Gaud. When they were pleading that father of the complainant is unable to arrange Rs. five lacs, then Dr. Mahesh Mathur, Geeta Dayal and Ramswaroop Mathur told that when Rs. five lacs will be arranged, they may be informed on telephone and then they will take the complainant back. Till then, he will keep his daughter with him. On the basis of this complainant, learned JMFC, Gwalior, has taken the cognizance under Section 12 of the Act. Being aggrieved, this petition has been preferred.

(3.) LEARNED Panel Lawyer for respondent No. 1 / state as well as learned counsel for respondent No.2 have supported the order issuing notice against the petitioners.