- (1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.79 dated 19.8.2009 (Annexure P-1) filed by respondent No.1 titled Iqbal Kaur vs. Rakesh Kumar and others under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (the Act for short) and all the subsequent proceedings arising therefrom.
(2.) Learned counsel for the petitioners has submitted that qua the similar allegations, petitioners No.2 and 3 had faced trial under Sections 498-A, 406, 120-B of the Indian Penal Code, 1860 (IPC for short) in FIR No.103 dated 21.11.2006 registered at Police Station Anandpur Sahib. The trial Court had convicted and sentenced petitioners No.2 and 3 qua commission of offence punishable under Sections 498-A, 406, 120-B IPC vide judgment dated 22.8.2008 (Annexure P-3). In appeal, petitioners No.2 and 3 were acquitted of the charges framed against them vide judgment dated 3.2.2009 (Annexure P-4). Thereafter, the complaint in question (Annexure P- 1) under the Act was filed levelling similar allegations. The said complaint was liable to be quashed.
(3.) Learned counsel for respondent No.1, on the other hand, has submitted that the complaint in question was liable to continue as the petitioners had committed offence under the Act.;