Punjab-Haryana High Court
Sunil Kumar And Another vs Smt. Parkash Rani on 22 January, 2013
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-2370 of 2012 (O&M)
Date of decision : 22.01.2013
Sunil Kumar and another
...Petitioners
Versus
Smt. Parkash Rani
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. S.S. Salar, Advocate,
for the petitioners.
Mr. Gurcharan Dass, Advocate,
for the respondent.
JITENDRA CHAUHAN, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure is for quashing of criminal complaint No.137 of 24.10.2011, titled as 'Parkash Rani Vs. Sunil Kapoor', under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending in the Court of Judicial Magistrate First Class, Ludhiana.
The sole argument raised by the learned counsel for the petitioners is that the ingredients of the "Domestic Violence" are not made out as there is no evidence on record to show that the petitioners, at any stage, shared accommodation with the respondent. He cites S.R. Batra Vs. Smt. Taruna Batra, 2007(1) RCR (Criminal) 403.
On the other hand, the learned counsel for the respondent states that the respondent is the step-mother of the petitioner No.1. The marriage in question was solemnized with the father of petitioner No.1. He has inherited the property of her late husband, which is in the shape of two houses, out of which, one house has been sold by the petitioners. He cites Vijay Verma Vs. State NCT of Delhi and another, 2010(7) RCR (Criminal) 1145; and K. Narasimhan Vs. Rohini Devanathan, 2010(3) R.C.R. (Criminal) 72.
Heard.
The respondent has no issue. The petitioners are under obligation to maintain the respondent. The estate of the respondent has devolved upon petitioner No.1. The cited case law are distinguishable on facts. In the present case, complex question of fact with regard to whether the parties ever shared accommodation is involved, therefore, no case for quashing the complaint is made out, at this stage.
Dismissed.
22.01.2013 (JITENDRA CHAUHAN) atulsethi JUDGE