ISHWAR SINGH Vs. SHWETA SHARMA

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 security guard with a private company at Panchkula. His wife works in the house owned by Abhishek Sharma respondent No. 2 who left for Australia five years ago. The house is situated at Zirakpur (Baltana), Tehsil Dera Bassi. The petitioner alongwith his wife and children live in a one room set as a care taker.

(3.) SHWETA Sharma respondent No. 1 is the real sister of Abhishek. She was married to Pradeep Kumar of Ambala Cantt. in June 2005 and lived with him till June 2011. Respondent No. 1 took a divorce from Pradeep Kumar on 24.09.2012 and married Naveen Gusain on 26.01.2013 and was living with her husband in House No. 148, Krishna Enclave, Dhakoli, Near Zirakpur, Tehsil Dera Bassi. The petitioner has pleaded that he is not in any domestic relationship with the complainant nor related to respondent No. 1 or 2, therefore, the complaint filed against him under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was not maintainable. The petitioner was shocked to receive a notice of the complaint. It is pleaded that the allegations against the petitioner in para 12 of the complaint only were that on the asking of the Abhishek, the complainant had been thrown out of the house. It was pleaded that after the marriage of respondent No. 1 with Naveen Gusain on 26.01.2013, she was living with her husband and the complaint was totally false and it was a case of misuse of the process of the Court.