NARESH KUMAR AND OTHERS Vs. MEENU SHARMA

JUDGEMENT

(1.) In the instant petition, the petitioners seeks quashment of the Complaint dated 30th August, 2017, filed by the respondent, namely, Meenu Sharma under Section 12 of the Domestic Violence Act, pending before the learned Munsiff, Sunderbani, whereby the learned Munsiff, Sunderbani has taken the cognizance against the petitioners.

(2.) Learned counsel for the petitioners submits that the petitioner No.1 and the respondent are hindu husband and wife. The marriage between both of them was solemnized on 20th April, 2016. The respondent lived in the matrimonial house till 23rd September, 2016 and thereafter, left the company of the petitioner No. 1 without any rhyme and reason. The petitioner No. 1, therefore, filed a petition under section 9 of the Hindu Marriage Act against the respondent before the JIMC, Sunderbani, which is still pending. The respondent has been served in that petition. She, however, chose not to appear.

(3.) Learned counsel further submits that in order to counter that petition under section 9 of the Hindu Marriage Act, filed by the petitioner No. 1 against the respondent and harass the petitioner, the respondent on 30th August, 2017 filed a false and frivolous petition under section 12 of the Protection of Women From Domestic Violence Act, 2010 against the petitioner No. and all his family members, who are the petitioners in the instant petition without any act or omission on their part and without showing any cause of action against the petitioners in her Complaint much less the essentials to constitute the domestic violence under the Act. The Court below, i.e., the JMIC, Sunderbani also not only took the cognizance of the complaint and issued summon to all the petitioners, but by its subsequent orders, has also treated the petitioners as accused persons and has directed them to furnish bail bonds as if they were involved in any offence.