RAJNISH KUMAR Vs. POONAM DHIMAN

JUDGEMENT

(1.) The petitioner has filed the present petition for quas ing of complaint filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), bearing Registration No. 27 of 2025, titled Poonam Dhiman vs. Rajnish Kumar, pending before the learned Judicial Magistrate First Class, Court No. III, Mandi, District Mandi, H.P. (learned Trial Court). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the aggrieved person filed a complaint under Sec. 12 of the DV Act, asserting that she is the wife of the present petitioner/original respondent. The respondent tried to maintain physical relations with her. He abused and beat her. He doubted the aggrieved person's character and made false allegations against her, which caused mental cruelty to her. The aggrieved person went to join her du ies at PGI, Chandigarh. The respondent's mother and other family members started harassing her for jewellery. They asked her to give them her entire salary. She t ld these facts to her husband, but her husband beat her. The respondent's mother pushed the aggrieved person into the stove to kill her, but she saved herself. The a rieved person was residing in a rented accommodation; however, her husband frequently visited her room and beat her. Hence, various reliefs were sought by the aggrieved person.

(3.) Being aggrieved by the filing of the complaint, the present petitioner/original respondent has filed the present petition asserting that the complaint does not fulfil the ingredients of the DV Act. The incident is stated to have taken place in 2017. The aggrieved person had filed a complaint against the respondent in the year 2019, but she did not proceed further with the matter. The basic object of the DV Act is to protect women from domestic violence and not to encourage belated complaints. The allegations in the complaint are false. The continuation of the proceedings amounts to the abuse of the process of the Court. Hence, the petition.