OM PARKASH AWASTHI Vs. NIDHI AWASTHI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. has been filed for quashing order dated 31.8.2012 passed by Judicial Magistrate 1 st Class (I), Shimla in case No. 18-3 of 2012.

(2.) It has been stated that the respondent is the daughter in law of the petitioners. Vinay Awasthi husband of the respondent was the son of the petitioners died on 5.1.2012 leaving behind his family and a son. The respondent alleged that after the marriage she resided with her husband at Kunthal Cottage Khalini, Shimla, she and her late husband renovated the building and constructed a duplex from their income. The respondent has also alleged that for raising the construction she spent her istridhan and gifts received from her parents and relatives. The respondent has also alleged that Vinay Awasthi was running a business which has been grabbed by the petitioners.

(3.) The petitioners denied the contentions of the respondent. They took the stand that for establishing and running the business of Vinay Awasthi they had made the payments. They paid over Rs. 30 lacs to Vinay Awasthi from 4.12.2004 to 18.2.2011. The Kunthal Cottage is the self acquired property of petitioner No.1. The respondent was staying there with her husband.