AZAD SINGH GHANGAS Vs. SUMAN KUMARI

JUDGEMENT

(1.) :- (Oral) - The instant petition has been filed under Sec. 482 Crimial P.C. for quashing the complaint qua the petitioner who has been summoned in a complaint filed under the Domestic Violence Act.

(2.) The complainant had filed a petition under the Domestic Violence Act arraying the husband, mother in law and the brother of the father in law. The allegations against petitioner Azad Singh Ghangas were that he was a member of the joint family and was residing in the same house and there was a domestic relationship. It was further averred that Azad Singh used to throw taunt at the complainant that she had not brought sufficient dowry.

(3.) The submissions on behalf of the petitioner are that there was no domestic relationship and the petitioner was a resident of village Petwar in District Hisar and they had placed on record the ration card of Jatinder's family to show that he was not residing with them. It was urged that the telephone bills of the house occupied by Azad Singh in Village Petwar had also been produced. It was contended that the complaint did not contain any detail of any incident so far as the petitioner was concerned and the complaint was not maintainable against him and the Protection Officer has not specifically referred to his residence in the same house. The Court had summoned him without even calling for the report of the Protection Officer. It was urged that since the complainant did not live with the petitioner in the house hold along with her husband, therefore, no offence was made out and the proceedings against him should be quashed. It was urged that the petitioner was drawing his pension from Hisar. Reliance was placed upon Ashish Dixit and others Vs. State of U.P. and another 2013 AIR (SC) (Cri) 691, Girish and others Vs. Poonam 2012(4) Law Herald 3547 , K. Narasimhan Vs. Smt. Rohini Devanathan 2010(2) AICLR 558 and Rama Singh Vs. Maya Singh and others 2012(4) MPHT 169.