Madhya Pradesh High Court
Om Prakash 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-33286-2025
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. 33286 of 2025
OM PRAKASH SHARMA AND OTHERS
Versus
SMT EKTA JOSHI
Appearance:
Shri Siddharth Sharma - Advocate for the petitioners.
Shri Brijesh Kumar Tyagi Ga appearing on behalf of Advocate
General[r-1].
Shri Faisal Ali Shah and Shri Manas Dubey, learned counsel for the
respondent [R-1].
ORDER
This petition has been filed by the petitioners 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 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before Judicial Magistrate First Class, Gwalior, registered as MJCR No. 2038/2024 (Ekta Joshi vs. Ashish and Others).
2. Learned counsel for the petitioners submitted that the petitioners are senior citizens and the parents of Ashish Sharma. Certain matrimonial proceedings were initiated by the petitioners' son against the respondent at Bhilwara, Rajasthan. As a counterblast, the respondent, on false and Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 2 MCRC-33286-2025 frivolous grounds, filed the impugned application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, before the Judicial Magistrate First Class, Gwalior, registered as MJCR No. 2038/2024 (Ekta Joshi vs. Ashish and Others), wherein the present petitioners have been arrayed as accused. It is submitted that the petitioners are residents of Banswara, Rajasthan. The petitioners' son was working as a Software Engineer in Bengaluru at the time of marriage, which was solemnized on 08.05.2014 at Bhilwara, Rajasthan, with the respondent. At that time, the respondent was already pursuing her Doctorate (Ph.D.) from the Indian Agricultural Research Institute (IARI), New Delhi, from the academic year 2010-11 till May 2016. Within 2-3 days of the marriage, both the petitioners' son and the respondent left for their respective places of work and study. It is further submitted that all marriage expenses were completely borne by the petitioners, and the remaining amount of ₹3,00,000/- was 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, namely Myasthenia, and was admitted to Sterling Hospital, Ahmedabad. The medical expenses amounting to approximately ₹2,00,000/- were borne by the petitioners' son. It is further submitted that the petitioners' son and the respondent were blessed with a baby girl, Ashvi Sharma, who was born on 26.06.2015 at Arihant Hospital, Bhilwara, Rajasthan. The petitioners visited Bhilwara at that time, and all childbirth and hospital expenses were borne by the petitioners' son. After completing her Ph.D. in May 2016, the respondent immediately secured employment in June 2016 as Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 3 MCRC-33286-2025 a Government Scientist at Rajmata Vijaya Raje Scindhiya Agriculture College, Gwalior, Madhya Pradesh, where she continues to serve till date. It is submitted that the petitioners' son, being employed in the private sector, was transferred from Bengaluru to Ahmedabad in June 2016 and worked there till March 2019. Subsequently, the petitioners shifted from Banswara to Bhilwara in the year 2020. During this period, the petitioners' son enquired about the birth certificate of the minor daughter for future planning purposes. The respondent refused to allow its use and disclosed that she had procured two additional birth certificates; one from Bhilwara in the year 2015 and another from Gwalior in the year 2017. In these certificates, the date of birth and place of birth were fabricated and altered, changing the place of birth from Bhilwara, Rajasthan, to Gwalior, Madhya Pradesh. In Bhilwara, the birth certificate was allegedly obtained by forging the signature of the petitioners' son in his absence. In Gwalior, it was obtained through a self- affidavit, allegedly with the assistance of one Deep Singh Sasode, a senior officer of the respondent at her workplace, as stated by the respondent herself over the phone. The petitioners' son objected to the creation of such false documents. The respondent attempted to justify the illegal act by stating that, as advised by her senior, such alteration would enable her to avail benefits under schemes like the Ladli Laxmi Yojana and other government schemes. The petitioners' son categorically refused to accept this illegal conduct, after which the matrimonial relationship between the parties deteriorated. Despite continuously financially supporting the respondent and the minor child, the respondent gradually stopped communicating with the Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 4 MCRC-33286-2025 petitioners' son. All attempts made by the petitioners' son to reconcile failed due to the respondent's conduct. To save the marriage, the petitioners' son filed a petition under Section 9 of the Hindu Marriage Act, 1955, before the Family Court, Banswara, on 07.03.2020, which was later registered as RCS HMA No. 53/2021 due to the COVID-19 pandemic. A compromise was arrived at on 06.10.2021, wherein the respondent agreed to resume cohabitation with the petitioners' son at Bhilwara. However, the respondent failed to comply with the terms of the compromise. Thereafter, as a counterblast, the respondent filed a maintenance application under Section 125 Cr.P.C., registered as MJC R No. 206/2020, which is pending before the Family Court, Gwalior. Notice of the said proceedings was served upon the petitioners' son in the year 2022. It is submitted that due to non-compliance with the compromise by the respondent, the petitioners' son was constrained to file a petition under Section 13 of the Hindu Marriage Act on 09.01.2024 before the Family Court, Bhilwara, registered as RCS HM No. 26/2024. The said case was transferred to the Family Court, Gwalior, by order dated 09.05.2024 passed by the Hon'ble Supreme Court of India in Transfer Petition (Civil) No. 713/2024, and is presently pending as RCS HM No. 807/2024. Further, with the intention to harass and pressurize the petitioners and their son, the respondent got FIR No. 0132/2024 registered on 18.03.2024 at Mahila Thana, Gwalior, under Sections 498A, 294, 506, 34 IPC and Section 4 of the Dowry Prohibition Act, 1961, which is pending as RCT No. 2251/2024. Thereafter, on the same set of allegations, the respondent filed the present impugned application under Section 12 of the Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 5 MCRC-33286-2025 Domestic Violence Act on 22.04.2024, registered as MJCR No. 2038/2024, which is pending before the learned Trial Court. It is submitted that no incident whatsoever occurred in the year 2019, as alleged in the impugned application, since the petitioners never visited Gwalior during the said period. Accordingly, a petition under Section 482 Cr.P.C. has already been filed before this Hon'ble Court, registered as M.Cr.C. No. 15611/2024 (Om Prakash Sharma and Others vs. State), which is pending consideration.
3. Learned counsel for the petitioners argued that the petitioners are parents-in-law, living separately, and have never shared a household with the respondent. It is contended that no domestic relationship or shared household ever existed between the respondent and the petitioners. It is further argued that the allegations made in the Domestic Violence application are vague, omnibus, and devoid of specific particulars, and that the proceedings are merely a counterblast to the matrimonial and criminal proceedings initiated by the petitioners' son. It is also argued that the same allegations are already the subject matter of proceedings under Section 125 Cr.P.C. and Section 498A IPC, amounting to misuse of criminal law. The continuation of proceedings against senior citizen parents would result in grave injustice and abuse of the judicial process. Accordingly, prayer is made for quashing of the private complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
4. Learned counsel for the respondent vehemently opposed the present petition and submitted that the same is misconceived, premature, and liable to be dismissed. At the outset, it is submitted that the present petition Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 6 MCRC-33286-2025 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.) has been filed with the sole intention of stalling and scuttling the lawful proceedings initiated by the respondent under the Protection of Women from Domestic Violence Act, 2005. It is submitted that the respondent is a legally wedded wife of Ashish Sharma and has been subjected to mental cruelty, harassment, and neglect at the hands of her husband and his family members, including the present petitioners. The Domestic Violence Act is a beneficial and social welfare legislation enacted to protect women from abuse within the matrimonial home. The provisions of the Act are required to be interpreted liberally in favour of the aggrieved woman, and not in a narrow or technical manner. Learned counsel for the respondent submits that the petitioners cannot escape liability merely by claiming to be senior citizens or parents-in-law. Age is not a ground for quashing proceedings when specific allegations of domestic violence are made. The impugned complaint discloses prima facie allegations against the petitioners, which require proper adjudication by the learned Trial Court after appreciation of evidence. At this stage, the truthfulness or correctness of the allegations cannot be examined in proceedings under Section 528 BNSS / Section 482 Cr.P.C. and prays for dismissal of the present petition.
5. Heard the counsel for the parties and perused the record.
6. It is not in dispute that the petitioners are senior citizens and are the parents of Ashish Sharma. It is also not disputed that the petitioners have been residing separately and were never living with the respondent in a shared household at Gwalior or elsewhere. The material on record clearly Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 7 MCRC-33286-2025 shows that soon after the marriage, the respondent and her husband wanted living separately due to their respective professional commitments and that the petitioners were residing at Banswara, Rajasthan, and later shifted to Bhilwara in the year 2020. From a careful reading of the impugned application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, it is evident that the allegations levelled against the petitioners are general, vague, and omnibus in nature. No specific incident, date, time, or place has been mentioned so far as the petitioners are concerned. The complaint does not disclose any overt act attributable to the petitioners which would constitute "domestic violence" within the meaning of Section 3 of the Act. This Court finds substance in the contention of the petitioners that no domestic relationship or shared household ever existed between the respondent and the petitioners, which is a sine qua non for maintaining proceedings under the Domestic Violence Act against parents- in-law. Mere relationship by marriage, without shared household or domestic arrangement, is not sufficient to fasten liability under the Act. It is further apparent from the record that multiple litigations are pending between the parties, including proceedings under Section 125 Cr.P.C., proceedings under Sections 498A IPC and Dowry Prohibition Act, and matrimonial proceedings under the Hindu Marriage Act. The impugned application under the Domestic Violence Act has been filed subsequently on the same set of allegations. The timing and sequence of events lend credence to the submission that the present proceedings are in the nature of a counterblast and have been initiated to harass and pressurize the petitioners. This Court is Signature Not Verified Signed by: ASHISH PAWAR Signing time: 12-02-2026 14:41:00 NEUTRAL CITATION NO. 2026:MPHC-GWL:3254 8 MCRC-33286-2025 mindful of the settled legal position that the inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.) are to be exercised sparingly. However, where the continuation of criminal proceedings would amount to abuse of the process of law and cause grave injustice, this Court would be justified in exercising such powers to secure the ends of justice. Considering the age of the petitioners, their separate residence, the absence of a shared household, lack of specific allegations, unexplained delay, and the fact that the impugned proceedings are founded on the same allegations already subject matter of other pending proceedings, this Court is of the considered view that allowing the Domestic Violence proceedings to continue against the petitioners would result in unnecessary harassment and abuse of the judicial process.
7. Accordingly, the petition is allowed. The impugned private complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, registered as MJCR No. 2038/2024 (Ekta Joshi vs. Ashish and Others), pending before the Judicial Magistrate First Class, Gwalior, is hereby quashed so far as the present petitioners are concerned.
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