Madhya Pradesh High Court
Ashish Sharma vs Smt. Ekta Joshi on 27 January, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:3254
1 MCRC-37031-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 27th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 37031 of 2025
ASHISH SHARMA
Versus
SMT. EKTA JOSHI
Appearance:
Shri Kamlesh Kori, Advocate for the petitioner.
Shri Faisal Ali Shah - Advocate for the respondent [R-1].
Manas Dubey, learned counsel for the respondent [R-1].
ORDER
This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure) seeking quashing of the private complaint registered under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before Judicial Magistrate First Class, Gwalior, in Case No. MJCR 2038/2024.
2. It is submitted that the petitioner and respondent were married on 08.05.2014 at Bhilwara, Rajasthan. At the time of marriage, the petitioner was working as a Software Engineer, and the respondent was pursuing her Ph.D. at IARI, New Delhi. Within 2-3 days of marriage, both parties returned to their respective places of work and study. All marriage expenses were borne by the petitioner's father. Additionally, a sum of ₹3,00,000/- was Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 2 MCRC-37031-2025 transferred to the respondent's father through RTGS on 30.05.2014. In September 2014, the respondent's father suffered from a serious neurological ailment and was admitted to Sterling Hospital, Ahmedabad the petitioner bore medical expenses of approximately ₹2,00,000/-. A daughter, Ashvi Sharma, was born on 26.06.2015 at Bhilwara, Rajasthan. All childbirth and hospital expenses were borne by the petitioner and his family. After completing her Ph.D. in May 2016, the respondent was appointed as a Scientist (Government Employee) in Rajmata Vijaya Raje Scindhiya Agriculture College, Gwalior, where she continues to serve. The petitioner was transferred to Ahmedabad in June 2016 and worked there till March 2019. The petitioner's parents later shifted to Bhilwara in 2020. It is submitted that serious matrimonial disputes arose when the petitioner discovered that the respondent had procured multiple birth certificates of the minor child, containing different dates and places of birth, allegedly by forging the petitioner's signature and by filing a self-affidavit. The petitioner objected to this illegal act. Thereafter, the respondent stopped communicating with the petitioner. In an effort to save the marriage, the petitioner filed a petition under Section 9 of the Hindu Marriage Act before the Family Court, Banswara. A compromise was arrived at on 06.10.2021, but the respondent did not comply with its terms. Subsequently, the respondent initiated multiple litigations against the petitioner, including a maintenance case under Section 125 Cr.P.C., a divorce transfer petition before the Hon'ble Supreme Court, an FIR under Sections 498A, 294, 506 IPC and Dowry Prohibition Act. The present application under Section 12 of Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 3 MCRC-37031-2025 the Protection of Women from Domestic Violence Act, 2005. The impugned application under Domestic Violence Act was filed on 22.04.2024, long after separation and without any subsisting domestic relationship, clearly as a counterblast and pressure tactic.
3. Learned counsel for the petitioner submitted that the petitioner and respondent never lived together in a shared household after marriage in any meaningful or continuous manner. Since 2014, both parties have been living separately due to their respective professional engagements. In the absence of a shared household, proceedings under Section 12 of the Domestic Violence Act are not maintainable. The impugned application does not disclose any specific date, time, or place of alleged domestic violence. The allegation in the application are general, omnibus, and vague, without any supporting material. No incident of domestic violence is shown to have occurred within the territorial jurisdiction of Gwalior. The alleged incidents pertain to years prior to filing of the application for Domestic Violence. There is an unexplained delay of several years, which makes the allegations inherently improbable. The impugned Domestic Violence case has been filed after filing of divorce petition by the petitioner, pending FIR quashing petition, pending matrimonial proceedings. The timing clearly shows that the Domestic Violence proceedings are a counterblast, filed only to harass and pressurize the petitioner and his parents. The respondent has already initiated proceedings under Section 125 Cr.P.C., Sections 498A IPC. The Domestic Violence application is based on the same allegations, amounting to misuse of criminal law. Even if the allegations are taken at face Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 4 MCRC-37031-2025 value, no ingredients of domestic violence under Section 3 of the Domestic Violence Act are made out and continuation of the proceedings would cause grave injustice and abuse of judicial process and therefore, the present petition is being filed for quashing the impugned application dated 22.04.2024 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, registered as MJCR 2038/2024, pending before the Judicial Magistrate First Class, Gwalior.
4. Per contra, learned counsel for the respondent submits that the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is misconceived, premature, and not maintainable, as it seeks to stifle legitimate proceedings under the Protection of Women from Domestic Violence Act, 2005 at the threshold. It is submitted that after marriage, respondent was subjected to mental cruelty, neglect, and economic abuse by the petitioner. Despite being the legally wedded wife, the respondent was denied emotional support, companionship, and financial security. The petitioner failed to discharge his marital duties and responsibilities, which amounts to domestic violence within the meaning of Section 3 of the Act. It is denied that the Domestic Violence application is a counterblast. It is further submitted that the respondent was compelled to initiate legal proceedings only after persistent neglect, harassment, and denial of her lawful rights. The mere pendency of other matrimonial or criminal proceedings does not bar the respondent from seeking remedies under the Domestic Violence Act, which is a beneficial and welfare legislation enacted to protect women from abuse within a domestic relationship and prays for Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 5 MCRC-37031-2025 dismissal of the petition.
5. Heard the counsel for the parties and perused the record.
6. It is not in dispute that soon after the marriage on 08.05.2014, the petitioner and the respondent started residing separately due to their respective professional engagements. The record clearly reflects that the parties never lived together in a shared household in any meaningful or continuous manner. The respondent was pursuing her Ph.D. and thereafter was employed as a Government Scientist at Gwalior, while the petitioner was working at different places in the private sector. Thus, the essential requirement of a shared household, as contemplated under the Protection of Women from Domestic Violence Act, 2005, is not made out. A perusal of the application filed under Section 12 of the Domestic Violence Act further reveals that the allegations are general, vague, and omnibus in nature, without any specific mention of date, time, or place of the alleged acts of domestic violence. No incident of domestic violence is shown to have occurred within the territorial jurisdiction of Gwalior. The allegations relate to events which are stated to have occurred several years prior to the filing of the application, and there is no explanation for the inordinate delay, which renders the allegations inherently improbable. It is also evident that the Domestic Violence application was filed after initiation of multiple litigations between the parties, including proceedings under Section 125 Cr.P.C., registration of an FIR under Sections 498A IPC and allied provisions, and the filing of matrimonial proceedings. The timing of the Domestic Violence application clearly indicates that it has been filed as a Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 6 MCRC-37031-2025 counterblast and pressure tactic, rather than for redressal of any genuine grievance. This Court is mindful of the fact that the Protection of Women from Domestic Violence Act is a beneficial legislation. However, such beneficial provisions cannot be permitted to be misused for settling personal scores or for harassment. Even if the allegations in the impugned application are taken at their face value, the same do not disclose the basic ingredients of "domestic violence" as defined under Section 3 of the Act. In the considered opinion of this Court, continuation of the proceedings in MJCR No. 2038/2024 would amount to an abuse of the process of law and would cause grave injustice to the petitioner. The present case thus falls within the parameters where this Court can exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to prevent misuse of judicial process and to secure the ends of justice.
7. Accordingly, the petition is allowed. The impugned application dated 22.04.2024, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, registered as MJCR No. 2038/2024, pending before the Judicial Magistrate First Class, Gwalior, is hereby quashed.
Certified copy as per rules.
(MILIND RAMESH PHADKE) JUDGE (aspr) Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00