RENU BHASIN Vs. NISHA RANI AND ANOTHER

JUDGEMENT

(1.) In these petitions preferred under Section 561-A of the J&K Criminal Procedure Code read with Section 104 of the State Constitution seeking to quash the application/complaint titled "Nisha Rani vs Rajeshwar Basil & others" filed by the respondents under Section 12 of the J&K Protection of Women from Domestic Violence Act 2010 qua the petitioners in both the petitions, pending before the Court of 2nd Additional Munsiff Jammu and the order of cognizance thereupon qua the petitioner(s). Since common questions of law and facts arise for consideration in these petitions, they were heard analogously and are being decided by this common order.

(2.) In 561-A Cr.P.C. No.507/2015, it is stated that the petitioner is married from the last several years and is living with her family at Trikuta Nagar, Jammu, while as the respondent No.1 has filed a false complaint under the provisions of the J&K Protection of Women From Domestic violence Act 2010 (for short the "Act 2010") against the brother of the petitioner (respondent No.1's husband), parents of the petitioner (respondent No.1's parents in law) and the petitioner, while as the fact is that the petitioner is neither living in that house nor sharing any domestic relationship or shared household as envisaged under the Act 2010.

(3.) In 561-A Cr.P.C. No.555/2015, it is stated that petitioner Nos.1 & 2 are father in law and mother in law of respondent No.1 who has filed a false complaint/application under the of the J&K Protection of Women From Domestic violence Act 2010 (for short the "Act 2010") against the son (petitioner No.3) of petitioner Nos.1&2, while as the fact is that petitioner Nos.1&2 are not "respondents" as defined in the Act 2010 and are practically not sharing any domestic relationship or shared household as envisaged under the Act 2010, so much so that after respondent No.1 has left the house of the petitioners.