GAURAV SHARMA AND OTHERS Vs. SILKY SHARMA

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C.for quashing the complaint and order dated 16.10.2012 passed by JMFC, Gwalior in Case No.10850/2012.

(2.) Brief facts of the petition are that respondent ha filed a complaint under Section 12 of the Domestic Violence Act, wherein it was alleged that marriage of the respondent was solemnized with petitioner No.1 according to Hindu customs and rites on 21.11.2011. Prior to the marriage father of the respondent has informed the petitioners that he will spend Rs.Eight Lacs for marriage and if anything is required the same be disclosed, but the petitioners have denied. Thereafter, petitioner No.2 asked the father of the respondent that four wheeler should be given at the time of marriage. On 4.10.2011 petitioners came to Gwalior and asked the parents of the respondent that Car should be provided. However, on insistence father of the respondent told that at the time of marriage, he will consider for providing the Car. After marriage when respondent went to her matrimonial house, she was harassed and petitioners have told that unless she brings the Car alongwith cash of Rs.Five Lacs she should not be allowed to live peacefully. Respondent was also beaten by the petitioners. After fifteen days of the marriage petitioner No.1 alongwith respondent went to park and told that their neighbour, who has recently married has been killed by her in-laws because of nonfulfillment of the demand and her family members were sent to jail for one year. If the respondent fails to bring the Car and cash of Rs.Five Lacs, petitioners would also agree to go to jail for one year. It is further alleged that respondent/complainant became ill but petitioners did not get her treated. On 13.11.2012 brother of the respondent came to bring the respondent at that time petitioners surrounded the brother of the respondent him that on the next time when the respondent is being sent cash of Rs.Five Lacs and Car also be sent, otherwise he will not see his sister alive. On 14.1.2012 respondent came alongwith her brother to Gwalior she has infection on both the hands. Petitioners have not get treated her. On 17.1.2012 the respondent told her husband that he should leave the demand of dowry and keep her peacefully but her husband was adamant on his demand. Thus, due to the harassment and treatment given by the petitioners the respondent has suffered mentally. She has no independent source of income, she is totally dependent on her parents, therefore, it was prayed that her Stridhan be directed to be returned, monthly maintenance of Rs.10,000/- be awarded in her favour alongwith rent for separate residence at Gwalior. On this complaint the learned Magistrate has called the DIR report and the case was fixed for DIR report, but on 16.10.2012 mentioning that DIR report is not received and directed that non-applicants be summoned. The case was fixed for appearance of non-applicants and DIR report on 30.10.2012. Being aggrieved by the same, this petition has been filed.

(3.) It is submitted that petitioners had never harassed the respondent, false complaint has been filed with a view to harass the petitioners. Respondent has also lodged a report upon which criminal case under Section 498-A, 506, 34 of IPC has been registered against the petitioners. It is further submitted that without calling the report of the Protection Officer the notice has been issued to the applicant, which is illegal. It is prayed that proceedings of the Cri.Case No.10850/2012 registered on the basis of the complaint filed by the respondent/complainant be quashed.