RAJKISHORE SHUKLA & ANR Vs. ASHA SHUKLA

JUDGEMENT

(1.) The petitioners before this court have filed this present petition under Section 482 of Code of Criminal Procedure 1973 for quashment of complaint preferred under the Protection of Women from Domestic Violence Act 2005.

(2.) The facts of the case reveal that the present petitioners and respondent are real brothers and sister. The sole respondent got married about 40 years back. She was residing with her husband namely Rajendra Shukla as well as along with her children. The complaint was preferred by her on 02/10/2011 when she visited the house of her brothers. She was allegedly abused and she was told that she will not get any share in the property of their father. The respondent alleging violence by taking shelter by the provisions of the Act 2005 has preferred a complaint under Section 12 of the Act 2005 and the learned Magistrate has taken cognizance of the same.

(3.) Learned counsel appearing for the petitioners have vehemently argued before this court that in the present case, their sister only with a view to obtain a share in the property of their father has filed a complaint under Section 12 of the Act of 2005 and at no point of time they have misbehaved with their sister. Attention was drawn towards paragraph 9 of the complaint which is on record and the contention of the learned counsel is that the aforesaid paragraph reflects that their sister wants property and money from them.