DEEPAK CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.P.C, prayer has been made on behalf of the petitioners for quashing of summoning order dtd. 12/11/2021, issued by learned Chief Judicial Magistrate, Hamirpur, District Hamirpur, H.P., in Case No.94 of 2021, titled as Aradhana Kumari versus Deepak Chauhan and another.

(2.) Precisely, the facts of the case, as emerge from the record are that the marriage interse petitioner namely, Sh. Deepak Chauhan and respondent No.3, Smt. Aradhana Kumari was solemnized on 2/12/2014 as per Hindu rites and rituals and thereafter, both the parties were living happy married life and out of their wedlock, one boy was born on 26/4/2016. Since, both petitioner No.1 and respondent No.3 were unable to live together on account of certain differences, respondent No.3 started living separately since October, 2021. Since, parties failed to resolve their dispute amicably interse them, respondent No.3 filed complaint under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ( for short 'D.V. Act') against her husband namely, Sh. Deepak Chauhan and father-in-law Sh. Sunil Kumar. Learned trial Court taking cognizance of the averments contained in the aforesaid complaint, issued process against the petitioners vide order dtd. 12/11/2022 (Annexure P-1).

(3.) Being aggrieved and dissatisfied with issuance of aforesaid process, petitioners approached this Court in the instant proceedings for quashing of summoning order as well as consequent proceeding pending before the Court below.