RAJESH BHARTI AND ANOTHER Vs. BIMLA DEVI

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C., seeking quashing of the complaint dated 7.10.2014, filed by respondent-aggrieved person against petitioner No.1 as husband and petitioner No.2 as mother-in-law under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 which is stated to be pending before the Court of Judicial Magistrate First Class, Ambala, for 10.9.2015, contending that the proceedings against the petitioners require to be quashed on the ground that the respondent has been staying away from the petitioners for the last more than 14 years and a criminal case under Section 498 A IPC was registered against the petitioners culminating into acquittal of the petitioners. An appeal was filed by the respondent against the acquittal order, but the same has been upheld by the Appellate Court on 12.6.2012. A copy of order has been placed on record as Annexure P2.

(2.) Counsel for the petitioners submits that the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, can be filed within a period of one year from the date of the incident. In support of his contention, he relies upon Inderjit Singh Grewal v. State of Punjab and another, 2011 (4) RCR (Crl.) 1.

(3.) I have heard the counsel for the petitioners and carefully considered the contentions raised.