VIJAY GUPTA Vs. DEEKSHA SHARMA

JUDGEMENT

(1.) The prayer in this petition is for quashing of complaint bearing No. 95/Comp. titled "Deeksha Sharma vs. Nikhil Mahajan and ors" pending before learned Chief Judicial Magistrate Reasi ( for short 'Trial Court') and also the order dtd. 5/3/2020 ( for short 'impugned order') by virtue of which Trial Court has taken cognizance and has issued process to the petitioners.

(2.) The brief facts of the case are that the petitioner No.1 is the father, petitioner No. 2 is the mother and petitioner No. 3 is the sister of the pro-forma respondent no. 2, and the profroma respondent No. 2 is the husband of the respondent No. 1 whose marriage was solemnized on 4/5/2017. The respondent No. 1 soon after the marriage was having matrimonial discord with the proforma respondent No. 2, she left her matrimonial house and went to her parental house, whereas the proforma respondent No. 2 is stated to have also left the house whose whereabouts of are not known to the petitioners. A case under Protection of Women against Domestic Violence Act (for short 'the Act') has been filed by the respondent No. 1 against the proforma respondent No. 2 and in the said petition the petitioners are respondents. It is stated that petitioner No. 3 is the daughter of the petitioner No. 1 and is married and living with her husband at her matrimonial home. It is stated that during the pendency of the aforesaid complaint the respondent No. 1 in order to humiliate and harass the petitioners herein filed another complaint under Sec. 494, 109, 114, 120-B of Indian Penal Code against the petitioners as well as profroma respondents before the Trial Court and the Trial Court vide impugned order dtd. 5/3/2020 took cognizance in the aforesaid complaint and issued process against the petitioners.

(3.) The complaint and impugned order dtd. 10/11/2021 has been called in question and is sought to be quashed, in this petition precisely, on the following grounds:-