MONISH CHHABRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. K. Malakar, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent No.1 and Mr. B. D. Konwar, learned Senior Counsel assisted by Ms. B. Soren, learned counsel for the respondent No.2.

(2.) This application is filed under Sec. 482 of Cr.P.C., praying for quashing and setting aside of the impugned Notice and impugned Order dtd. 29/1/2024 passed in connection with the D.V. Case No.08/2024, registered under Ss. 12/18/19/20/21/22 and 23 of the Protection of Women from Domestic Violence Act, 2005, which is pending before the Court of learned Judicial Magistrate First Class, Kamrup (M), Guwahati.

(3.) The brief facts of the case is that the present respondent No. 2 [complainant in D.V. Case No.08/2024] was married to Sri Ashish Chhabra on 8/10/2009, as per Hindu rituals, at her parental residence in Kamrup (M) District. She has alleged that the intervention of the present petitioner [respondent No. 4 in D.V. Case No. 08/2024], who is her brother-in-law, negatively influenced the dynamics of her marital relationship with her husband. She further alleged that during her visit to her matrimonial home in August 2023, the present petitioner unjustifiably instigated her husband against her. It is also alleged that the petitioner has inflated ego, considering himself superior to everyone, and used to tell the aggrieved person/present respondent No.2 that society is male dominated, where a female must comply with the choices and desires of the male members of the household and remain subordinate to them. She further alleged that the petitioner strategically damaged her relationship with her parents and other family members through unfounded accusations and that she has been subjected to severe mental and physical torture by respondent Nos. 1, 2, 3, and 4 [the present petitioner in D.V. Case No. 08/2024]. Having no other alternative, she filed a domestic violence case seeking protection under Sec. 18 of the Protection of Women from Domestic Violence Act, 2005; accommodation under Sec. 19(f); monetary relief of Rs.2,72,00,000.00 under Sec. 20; interim relief of Rs.1,50,000.00 under Sec. 23(2); custody of her children under Sec. 21; and compensation of Rs.3,00,00,000.00 under Sec. 22, along with interim prayers for the reliefs as mentioned.