ESHAN JOSHI Vs. SUMAN

JUDGEMENT

(1.) The instant petition has been filed under Section 482 Cr.P.C. for quashing of Criminal Complaint Case No.281 dated 23.12.2015 titled as "Suman Joshi vs. Eshan Joshi" (Annexure P-6) under Sections 12, 17, 18, 19, 20, 22 of Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act'), as well as all subsequent and consequential proceedings arising therefrom including order dated 08.08.2016 (Annexure P-8), pending in the court of Judicial Magistrate Ist Class, Chandigarh.

(2.) This is a classic case of litigation being filed by the parties against each other after their marriage turns sour and does not survive the test of time.

(3.) The facts that need to be noted to understand the pale of controversy herein is that parties solemnized their marriage at Bangalore on 20.01.2010. For both the parties it was their second marriage, having children from their previous respective marriages and no children from the instant wedlock. The petitioner herein alleges that differences arose between the parties, on account of the respondent-wife (for short 'the respondent') demanding money and transfer of his assets in her name. In May 2011, the petitioner purchased apartment in Shobha Classic Apartments in the name of the respondent which was sold and a sum of Rs. 60 Lakhs has been taken by her. It is further alleged that every effort was made by the respondent herein to extort money from the petitioner, which resulted in the petitioner moving out of the matrimonial home and with the help of the police he was able to get his belongings. The respondent got FIR No.1022 registered under Sections 498-A, 506, 504 of Indian Penal Code and Sections 3/4 of Dowry Prohibition Act at police Station HSR Bangalore, in which the petitioner applied for and has got anticipatory bail. The respondent filed a complaint under the DV Act at Chandigarh on 23.12.2015 without disclosing registration of FIR No.1022 registered under Sections 498-A, 506, 504 of Indian Penal Code and Sections 3/4 of Dowry Prohibition Act at police Station HSR Bangalore. The petitioner filed a divorce petition at Bangalore on 19.03.2016 (Annexure P-9) on the ground of cruelty and also filed a reply to the complaint under the DV Act, challenging the jurisdiction of the Courts at Chandigarh. In the meantime, by the impugned order dated 08.08.2016, the Magistrate assessed interim maintenance @ Rs.75,000/- p.m. and Rs.50,000/- as litigation expenses (Annexure P-8). The petitioner herein filed a complaint at Bangalore against the respondent under Sections 420, 384, 385, 386, 389, 506 of Indian Penal Code before the Addl. Chief Metropolitan Magistrate, Bangalore. The respondent then filed an application under Section 125 Cr.P.C. at Chandigarh, alleging that she is unemployed and has no source of income and is dependent upon her sister and brother-in-law. She also filed for execution of the impugned order dated 08.08.2016, which had allowed interim maintenance. The respondent thereafter approached the Hon'ble Supreme Court seeking transfer of the divorce petition from Bangalore to Chandigarh on 26.08.2016, which petition was dismissed on 22.03.2017. Thereafter, the petitioner filed the instant petition in the High Court on 14.09.2016. The mediation between the parties was not successful. There are also other applications that have been filed before the executing court seeking the maintenance as awarded by the JMIC, Chandigarh, in which replies have been filed by her. It would also be pertinent to note that a cancellation report of FIR No.1022 registered under Sections 498-A, 506, 504 of Indian Penal Code and Sections 3/4 of Dowry Prohibition Act at police Station HSR Bangalore, lodged by the respondent at Bangalore, has been accepted.