VIDIT MAHAJAN AND OTHERS Vs. SUNALI MAHAJAN

JUDGEMENT

(1.) This is a petition under Sec. 561-A of the Jammu and Kashmir Code of Criminal Procedure (for short the Code). Petitioners seek quashing of a complaint/application under Sec. 12(1) of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (for short the Act) filed against them by the respondent in the court of Spl. Excise Mobile Magistrate, Jammu as also order dated 30.04.2015 passed by the learned Magistrate and judgment dated 22.07.2015 passed in appeal by learned Second Additional Sessions Judge, Jammu.

(2.) Heard. I have perused the record.

(3.) Respondent is the wife of Petitioner No. 1, their marriage was solemnized on 28.01.2008. Petitioners 2 and 3 are the parents of Petitioner No. 1. In her application under Sec. 12(1) of the Act respondent has levelled various allegations of domestic violence and harassment against the petitioners. Relevant for disposal of this petition is the allegation that on 02.01.2014 Petitioner No. 1 at the instigation of Petitioners 2 and 3 gave her physical thrashing at her matrimonial house and demanded 15 lac rupees in cash. She informed her parents who reached there and brought her to her parental house at Goura Bakshi Nagar, Jammu. Her minor child, Vihaan, was forcibly snatched from her by the petitioners, custody whereof, however, was handed over to her with the intervention of the Police. It is alleged further by the respondent that on 31.03.2014 Petitioner No. 1 took the minor away from her father on the pretext of meeting him and thereafter has forcibly retained the minor, who is just three years old. She has alleged that there is every threat to the life of the minor and that the minor is not safe in the hands of petitioners particularly when Petitioner No. 1 most of the time remains busy in his business activity.