ABHISHEK SHARMA Vs. SHWETA SHARMA AND ORS.

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing complaint No. 79 dated 28.04.2014 titled Shweta Sharma vs. Abhishek Sharma and others, pending in the Court of Judicial Magistrate 1st Class Dera Bassi as well as the subsequent proceedings thereto.

(2.) THE petitioner is a resident of Australia and had left the country in 2008 alongwith his wife and children. He has been summoned in a complaint filed by his sister Shweta under the Domestic Violence Act. The petitioner has invoked the inherent jurisdiction of this Court for setting aside the summoning order and the complaint filed by respondent No. 1.

(3.) THE petitioner has pleaded that he was permanently settled in Australia and was on study visa and the complainant is his real sister who got married in 2005. That marriage ended in divorce in September 2012. Few months later Shweta married Naveen Gusain in January 2015 and was living with her husband in Krishna Enclave, Dhakoli, Near Zirakpur. His plea is that the dispute was civil in nature and it was not a case of domestic violence and the complainant had misused the process of law. It was pleaded that after marriage which was during the life time of their father, respondent No. 1 never came and stayed in the house in question and after divorce she stayed away as she was in service. It is pleaded that she had given up her share in the property years ago without any pressure and the property was ultimately transferred in the name of the petitioner, in 2008. An affidavit had been executed by Shweta. It was pleaded that the petitioner left for Australia in October 2008 and had never returned and the complaint had been filed only to pressurize him to share the property probably on account of the pressure of her second husband.