R.K. CHATURVEDI AND ORS. Vs. DEEPALI

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. has been filed by the petitioners seeking quashment of the proceeding of MJC No.491/16 under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as the Act) pending before the Judicial Magistrate First Class, Mandla.

(2.) Facts giving rise to this petition are that petitioners no. 1 and 2 are the parents of petitioner no. 3. On 25.4.2016 respondent filed a complaint under Section 12 of the Act against the petitioners stating that her marriage with petitioner no. 3 was taken place on 18.11.2013 at Jabalpur and thereafter, she resided in matrimonial home along with the petitioners and the applicants started demanding dowry from her and also started to harass her mentally and physically and thereafter, petitioner no. 3 got service and was posted at Ghughari, District Mandla where respondent resided with petitioner no. 3 and there also he subjected her to cruelty in connection with demand of dowry and petitioner no. 3 leaving her alone in a rented house went somewhere else and did not return and respondent has no sufficient means to maintain herself. Therefore, in favour of her relief under sections 18, 19, 20 and 22 of the Act be granted. Learned J.M.F.C. took cognizance on the application and issued summons to the petitioners. They have filed detailed reply stating that no marriage was solemnized with the respondent and respondent was in live-in-relationship with petitioner no. 3 and no averment has been made with regard to earlier litigations and concealing all the relevant facts on the false averment, prayer has been made. Learned trial court vide order dated 6.3.2017 on the application filed on behalf of the respondent has directed petitioner no. 3 to provide Rs.8000/- per month as interim maintenance. Thereafter, on behalf of the petitioners, this petition has been filed for quashmenut of the whole proceedings.

(3.) The grounds of the petitioners for the aforesaid prayer are that against the petitioners no. 1 and 2 there is no averment and no relief can be granted against them under the aforesaid Act and interim prayer of the respondent against the petitioners no. 1 and 2 has been rejected and the respondent has concealed material facts with regard to earlier proceeding started on the application under Section 125 of the Cr.P.C. on the instance of the respondent and criminal case under Section 498- A/34 of the IPC and civil litigation started on the application of petitioner no.3 and respondent for declaration of marriage void and for restitution of conjugal rights respectively. In such circumstances, where the respondent does not come with the clean hands she has no right to continue the aforesaid proceedings against the petitioners. Hence, the proceedings be quashed.