MANISH Vs. MADHURI @ PINKI

JUDGEMENT

(1.) Parties through their counsel.

(2.) The present petition has been filed u/s 482 of the Code of Criminal Procedure for quashment of complaint case i.e., MJC No.45/2014, preferred by the non-applicant wife under the provisions of The Protection of Women from the Domestic Violence Act, 2005.

(3.) The facts of the case reveal that the petitioner No.1 is the husband of the sole respondent. The petitioner No.2 is father-in-law and the petitioner No.3 is mother-in-law. The facts further reveal that marriage took place on 21-02-2003 between the parties and in the year 2009, a petition u/s 13 of the Hindu Marriage Act was filed by husband seeking divorce. At the same time a petition u/s 9 of the Hindu Marriage Act was filed by wife seeking Restitution of Conjugal Rights and by an order dated 29-09-2011 and divorce petition was dismissed. It is pertinent to note that in the divorce proceedings an application was preferred for return of stree-dhan. Thereafter an application was preferred on 09-12-2011 u/s 125 of the Code of Criminal Procedure, 1973 claiming maintenance and the same was decided on 07-04-2014. Now in the year 2012 after conclusion of divorce petition, after conclusion of petitions preferred for Restitution of Conjugal Rights and also after conclusion of petition preferred for grant of maintenance, the wife has filed a complaint invoking the provisions of the Protection of Women from Domestic Violence Act, 2005 and it has been stated that the present petitioners are not returning the streedhan and therefore a case is made out for proceeding ahead against the present petitioner under the provisions of the Act of 2005.