NEHA SHARMA Vs. RAJANI DEVI

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure read with Section 227 of the Constitution of India, prayer has been made on behalf of the petitioners for quashing of complaint dated 13.10.2015 filed under Section 12 of the Protection of Women under Domestic Violence Act, 2005 (Annexure P-1) as well as consequent proceedings pending in the Court of learned Chief Judicial Magistrate, Sirmaur, District Nahan, Himachal Pradesh.

(2.) Briefly stated facts, as emerge from the record are that marriage inter se respondent No.1, Ms. Rajani Devi and respondent No.3, Sh. Rahul Sharma, was solemnized on 13th May, 2013 as per Hindu customs and rights, however, since they were unable to get along for considerable time, respondent No.1 started residing separately w.e.f. 12th November, 2014. Subsequently, respondent No.1 filed a complaint under Section 12 of the Protection of Women under Domestic Violence Act, 2005 (for short 'Act') against the petitioners as well as respondent No.3, who happened to be her inlaws and husband respectively. Though, complaint, as referred hereinabove, is pending adjudication in the Court of learned Chief Judicial Magistrate, Sirmaur, District Nahan, H.P., but vide order dated 24.5.2016 (Annexure P-3) learned Chief Judicial Magistrate, Sirmaur, District Nahan, H.P., granted interim maintenance of Rs.7000/- per month in favour of respondents No.1 and 2.

(3.) Respondent No.3, being aggrieved and dissatisfied with the aforesaid order dated 24.5.2016 (Annexure P-3), preferred Criminal Revision No.22-Cr.R/10 of 2016 in the Court of learned Sessions Judge, Sirmaur, District Nahan, H.P., who vide judgment dated 29.4.2017 (Annexure P-4), dismissed the revision petition, as a consequence of which, order passed by learned Chief Judicial Magistrate, Sirmaur, District Nahan, H.P, awarding the interim maintenance, came to be upheld.