SK. SADAB KADIR Vs. SAHER SANIYA

JUDGEMENT

(1.) Heard learned counsel for the Petitioners and the State.

(2.) By means of the present application, the Petitioners seek the indulgence of this Court praying to quash the criminal proceeding in Criminal Misc. Case No. 134 of 2022 pending before the learned S.D.J.M., Angul.

(3.) The background facts of the case are that the Opposite Party No.2 initiated a proceeding U/s. 12 of the Protection of Women from the Domestic Violence Act, 2005 (herein after called the "PWDVA") against the Petitioners seeking various reliefs under the said Act registered as Criminal Misc. Case No. 134 of 2022 alleging that the Opposite Party No.2 got married to the Petitioner No.1 on 3/2/2021 in accordance with the Muslim Personal laws and her father had given a dowry i.e. the fixed deposit of Rs.3,00,000.00 besides ornaments, furniture and other household articles as per the demand of the bride groom side. Subsequent to the marriage, the bride groom side demanded further sum of Rs.10,00,000.00 or Kia Seltos car. Due to non-fulfillment of the said demand, the O.P. No.2 was assaulted by the Petitioner No.1 with slaps and kicks, they stopped giving her food and restrained her from talking to her parents. Few days thereafter when the Petitioner No.1 and the complainant shifted to Hyderabad, the Petitioner No.1 asked her to demand money from her father for purchasing a flat in an apartment and on her refusal, he allegedly to have assaulted her and she could over hear that the Petitioner No.1 would kill her by using pillow for which she asked her father to come and rescue her. The Opposite Party also narrated various instances and mental harassment and trauma inflicted on her by the Petitioners.