KULDEEP SINGH AND OTHERS Vs. REKHA

JUDGEMENT

(1.) Applicants have filed present petition under Section 482 of Cr.P.C. for quashing the proceedings of criminal Case No. 14942/2015 under Section 12 of Protection of Women From Domestic Violence Act, 2005 (in short DV Act) pending before Judicial Magistrate First Class, Indore.

(2.) It is not disputed that the marriage of the applicant No.1 and respondent No.1 was solemnized on 23.11.2010. Out of their wedlock they are blessed with a daughter Ku. Trisha (respondent No.2). The applicant No.2 is the father of the applicant No.1 and he is employee of Central Government and presently posted Deputy Registrar in Laxmi Bai National University of Physical Education, Gwalior. The applicant No.3 is wife of applicant No.2, whereas the applicant No.4 is younger brother of the applicant No.1 and he is in private service and lives in Gurgaon. Applicant No.5 is grand father of the applicant No.1 and applicant No.7 and 8 are aunties (Mosi) of the applicant No.1.

(3.) The facts of the case are that on 20.04.2015 the respondent No.1 filed a complaint against the applicants under Section 12 of DV Act before the court of Judicial Magistrate First Class, Indore alleging that in the marriage the parents of the respondent No.1 has given Rs.8,50,000/- cash, gold and silver ornaments and other households articles as dowry. Although the applicants are not satisfied with the aforesaid dowry and after the marriage they started making demand of Rs. 22,000,00/- for purchasing fortuner car. On 20.09.2012 the applicants ousted her from the matrimonial house and since then she is living at Indore in her parental house alongwith her daughter (respondent No.2). She has also filed an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights before the Court of Principal Judge, Family Court Gwalior. During the proceedings of reconciliation she expressed her willingness to live with the applicant No.1 but he refused to keep her, therefore, she was compelled to file this complaint under Section 12 of DV Act. before the Judicial Magistrate First Class, Indore in which she made prayer for grant of Rs. 20,000/- for herself and Rs.10,000/- for respondent No.2 as maintenance from the applicants. Being aggrieved by the aforesaid complaint, applicants filed this petition for quashment of the complaint.