ANUMITA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of Cr.P.C. seeking to set aside Criminal Complaint No.1814 dtd. 18/4/2016 instituted under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act') as well as order dtd. 21/5/2016 passed by the Judicial Magistrate Ist Class, Patiala, with all consequential proceedings.

(2.) In brief, the facts of the case are that, a marriage was solemnized between complainant Neelam Rani d/o Shri Gian Chand and Varun Kotish on 12/3/2011 at Patiala. On account of matrimonial dispute that arose between the parties, a complaint under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act') was filed and in the said complaint husband-Varun Kotish, father-in-law Varinder Kumar, mother-in-law Subhash Kumari and the present petitioners namely Satvir Sharma s/o Naresh Kumar and Anumita Sharma w/o Satvir Sharma were arrayed as respondents No.4 and 5. The petitioners herein were summoned by the order dtd. 21/5/2016 along with aforesaid persons as respondents, in which order they were restrained from dispossessing the complainant from the shared household. Aggrieved against the said order, the petitioners herein (arrayed as respondents No.4 and 4 in the complaint filed under the DV Act) filed the instant petition challenging the summoning order as well as the complaint.

(3.) Mr. P.S. Ahluwalia, learned counsel appearing on behalf of the petitioners argues that the petitioners are not joint in residence with the complainant and that petitioner No.1 had married petitioner No.2 on 10/11/2009, much prior to the solemnization of the marriage of the complainant with the brother of petitioner No.1. It is submitted that the petitioners herein neither had any domestic relationship with the complainant nor had a shared household, as such, the complaint filed under the DV Act is nothing, but an abuse of process of law. In support of his arguments, learned counsel relied upon judgment rendered in Renu Beniwal and others vs. Sarika Nehra Beniwal, 2018(3) RCR (Criminal) 280.