Criminal Miscellaneous petition under Section 482 CrPC seeking quashing of a domestic violence complaint. The court held that specific serious allegations existed and dismissed the petition.
Petition to quash complaint bearing No.99/2 dated 20/23.4.2010 dismissed.
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In the High Court for the States of Punjab and Haryana at Chandigarh
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Yash Pal and others ..Petitioners
Versus
State of Haryana and another
..Respondents
Coram: ���������������������� �!���"��� �� ��
Present: Mr. Upender Prashar, Advocate for the petitioners. Mr. Sagar Deswal, DAG,Haryana for respondent No.1. Mr. P.S.Sular, Advocate for respondent No.2
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By way of this petition under Section 482 of the Code of Criminal Procedure (for short, ''Cr. P. C.”), petitioners pray that complaint bearing No.99/2 dated 20/23.4.2010 filed by Vaishali Paul under Section 12 of Protectioin of Women from Domestic Violence Act, 2005 (Annexure P1) be quashed.
Respondents are contesting the petition.
I have heard learned counsel for the parties and have perused the record.
Though it is contended on behalf of the petitioners that they are living separately from the matrimonial family of the complainant since 2010 and have nothing to do with the day to day
Kant Nirmal 2014.01.23 16:53 I am the author of this document high court chandigarh
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activities in the matrimonial home of the complainant but it comes out from the perusal of the complaint that the complainant has levelled very specific and serious allegations against the petitioners therein to the effect that petitioners, along with the husband of the complainant have been humiliating and beating her. She has been denied medical facilities and maintenance. She has been deprived of her Istridhan worth � 3.50 lacs. She has been thrown out of the house which is owned by the petitioners. Petitioner Amit Paul is alleged to have entered the shared household of the complainant and to have damaged the window panes and doors etc. with gas cylinder.
In view of these specific allegations, no case is made out
for quashing of the complaint (Annexure P1).
Dismissed.
January 21,2014 (MAHAVIR S.CHAUHAN) nk ��������������� JUDGE
Kant Nirmal 2014.01.23 16:53 I am the author of this document high court chandigarh
1 issue framed by the court
Whether the criminal complaint alleging domestic violence, cruelty and denial of maintenance is maintainable given specific allegations in the record.
1 provisions across 1 enactments
Yash Pal
Amit Paul
Vaishali Paul
State of Haryana
MAHAVIR S. CHAUHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
