It is averred in the petition that petitioner Nos.1 and 2 are the parents of the husband of the complainant-Sunaina and they have already disowned their son. A public notice was also issued in this regard. Petitioner No.3 is the married sister-in-law whereas petitioner No.4 is the husband of petitioner No.3. Their marriage was solemnized in the year 1998. It has been averred that the petitioners have no CRM No.M-9277 of 2012 -2- relation with the accused-husband. To fortify their contentions, ration cards, Annexure P-2 to P-5 have been placed on record. It is further contended that after leaving the matrimonial home, the respondent-wife made a complaint to the Superintendent of Police, Amritsar, against the petitioners.
From the perusal of the complaint, specific entrustment to the petitioners is made out. There are specific allegations of violence against the petitioners. FIR No.69 dated 27.04.2010 under Sections 498-A, 406 and 506 IPC stands registered against the petitioners. Keeping in view the averments made in the complaint and the fact that the FIR is lodged way back in the year 2010, not case for grant of relief sought is made out.
Punjab-Haryana High Court
Rajinder Kumar Dhingra And Others vs Sunaina on 1 August, 2012
The present petition under Section 482 Cr.P.C. is for quashing of complainant under Section 12 of the Protection of Women from Domestic Violence Act, 2005, titled as 'Sunaina Versus Abhishek Dhingra and others' bearing case No.152 dated 28.05.2010 (Annexure P-1).
It is averred in the petition that petitioner Nos.1 and 2 are the parents of the husband of the complainant-Sunaina and they have already disowned their son. A public notice was also issued in this regard. Petitioner No.3 is the married sister-in-law whereas petitioner No.4 is the husband of petitioner No.3. Their marriage was solemnized in the year 1998. It has been averred that the petitioners have no CRM No.M-9277 of 2012 -2- relation with the accused-husband. To fortify their contentions, ration cards, Annexure P-2 to P-5 have been placed on record. It is further contended that after leaving the matrimonial home, the respondent-wife made a complaint to the Superintendent of Police, Amritsar, against the petitioners.
From the perusal of the complaint, specific entrustment to the petitioners is made out. There are specific allegations of violence against the petitioners. FIR No.69 dated 27.04.2010 under Sections 498-A, 406 and 506 IPC stands registered against the petitioners. Keeping in view the averments made in the complaint and the fact that the FIR is lodged way back in the year 2010, not case for grant of relief sought is made out.
Dismissed in limine.
01.08.2012 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to reporter ? Yes / No
No comments:
Post a Comment