RATTAN LAL AND ORS Vs. EKTA KUMARI

JUDGEMENT

(1.) In the instant petition filed under Sec. 561-A Cr.P.C., the petitioners inter alia seek quashment of the petition titled Ekta Kumari vs Manoj Kumar and others filed by the respondent under Sec. 12 and 23 of the Domestic Violence Act, 2010, along with all the proceedings pending before learned Judicial Magistrate Sub Registrar Jammu by virtue of which trial court has taken cognizance of the complaint for commission of offence under Sec. 12 and 23 of the Domestic Violence Act, 2010, on the following grounds:

(2.) I have considered the contentions of counsel for parties.

(3.) Counsel for petitioner has reiterated all grounds taken in memo of petition and has relied upon judgment of Punjab and Haryana High Court passed on 31/5/2016 in case titled Amit Agarwal and others Vs. Sanjay Aggarwal and others (Crl. Misc. No.M-36736 of 2014 (O&M), wherein it is held that once domestic relationship has come to an end, petition under D.V. Act is liable to be quashed; judgment of Punjab and Haryana High court passed on 1/4/2015 in case titled Jasvir Kaur and anr. vs. Manpreet Kaur (CRM No.M-29792 of 2011 (O&M), wherein it is held that wherein criminal proceeding are manifestly attended with malafide, or has been maliciously instituted, then it is required to be quashed. Whereas counsel for respondent has stated that this petition is not maintainable as petitioners have neither appeared before court below nor have filed any objections; further order impugned is appealable under Act and petitioners without availing that opportunity have filed the present petition.