KUNAL VERMA Vs. POOJA VERMA

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C), the petitioners seek quashing of complaint titled Pooja Verma v/s KunalVerma and Ors., under Sec. 12 of J&K Protection from Women Domestic Violence, Act pending before learned CJM, Jammu along with all consequential proceedings initiated there under from time to time and also order dtd. 18/3/2017 passed by learned 1st Addl. Session Judge, Jammu in Cr. Appeal no. 86/2016, titled Kunal Verma and Ors v/s PoojaVerma.

(2.) The case of the petitioners is that petitioner no. 1 is the husband of respondent. The petitioner no 2 is the mother and petitioner no.3 is the real uncle of petitioner no.1. The petitioner no.1 from the child hood suffered neurological problem and V-P shunt has been placed in the brain of petitioner no.1. The said shunt is externally expose and is only covered with the hairs of petitioner no.1. The Ventriculoperitoneal shunt (VP Shunting) is a surgical procedure that primarily treats a condition called hydrocephalus. The conditions occur when excess cerebrospinal fluid collects in the brain ventricles. The petitioner no.1 as such has to take extreme care and cannot withstand even slightest injury in his head. The petitioner no. 1 has been brought up with this ailment since his child hood; therefore he is introvert and can never stand with heated arguments.

(3.) It is averred in the petition that petitioner No. 2 is a handicap lady, she suffered paralytics stroke in her early youth and her left body portion is disabled and her left leg and left-hand is absolutely paralytics. The petitioner no. 3 is the real uncle of the petitioner no. 1 and is residing separately in another house at Trikuta Nagar, Jammu and never had any domestic relationship with the respondent, as the petitioner no.3 and respondent had never resided together. It is further averred in the petition that the father of the petitioner no.1 was running a business of Gold Smith and running his shop at Link Road Jain Bazar, Jammu. Petitioner No.1 could not even complete his matriculation, when he lost his father. The petitioner No.1, therefore took the responsibility of running the shop of his father. The father of the petitioner No.1 had engaged some artisans who were doing the work in the shop. The father of the respondent Sh. Darshan Lal is an artisan in gold smith and was known to petitioner no.3. The petitioner no.3 requested the father of the respondent to marry his daughter with the petitioner No.1, which was accepted and marriage was solemnized without dowry at Arya Samaj Mandir Opp. Super Bazaar, Jammu in a simple manner and only one rupee was taken at Shagun.