SANJAY VIJ Vs. KRISHAN CHANDER SAREEN

JUDGEMENT

(1.) The petitioner, who is younger brother of Rajiv Vij, to whom the daughter of the complainant was married, has approached this Court for quashing of the complaint and the summoning order qua him. The petitioner stands summoned for offences under Section 498-A, 406 and 323 IPC by the Sub Divisional Judicial Magistrate, Patiala.

(2.) The petitioner presently is settled in Australia. The matrimonial dispute arose between the elder brother of the petitioner Rajiv Vij and his wife Shikha Vij. She has also filed complaint before the police levelling allegations against all the family members. The police conducted an inquiry into this complaint and found that allegations were false. It is stated that by concealing these facts, the complainant has now filed complaint in the Court of Sub Divisional Judicial Magistrate, Patiala, who has summoned all the family members including the petitioner. Prior to issuance of summoning order, the petitioner has shifted his place to Australia and, accordingly, has approached this Court.

(3.) This marriage between the elder brother of the petitioner, Rajiv Vij and Shikha Vij was performed on 29.04.2005. Rajiv Vij, the husband, was working at Malout. He and his wife resided at Jhalawar, Rajasthan upto 18.07.2006 and, thereafter, she shifted to Malout where Rajiv Vij was working. Shikha Vij is alleged to have left the matrimonial home leaving her one year old daughter behind without any reasonable cause. This she did while Rajiv Vij was at his work place. As per the petitioner, she took away all the dowry articles and went to stay with her cousin brother at Amritsar. Here, she has prepared a false certificate showing injuries though as per the information obtained through RTI, Shikha Vij had disclosed that she received some injuries due to fall from bus. Rajiv Vij, her husband, took short leave for two hours, went to the school, met the Principal and took custody of the child from the maid. He came to Patiala where his father was staying. He had also filed complaint to the SSP, Patiala.