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2016 Supreme(Raj) 1530

P.K.LOHRA
Sudama Dutt Sharma S/o Shri Devdutt Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ranjeet Joshi.
For the Respondents: Mr. V.S. Rajpurohit and Mr. M.S. Soni.

ORDER :

P.K. Lohra, J.

1. Petitioners have laid this Criminal Misc. Petition, under Section 482 Cr.P.C. seeking quashment of complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'Act of 2005') filed by second respondent-wife.

2. It is, inter-alia, averred in the petition that complainant entered into matrimony with Hitesh Sharma on 25th of February, 1994 and soon thereafter a matrimonial dispute cropped up between the spouses, which to led filing of complaint at the behest of second respondent against her husband, Hitesh Sharma, for offence under Sections 498A, 323, 406 and 504 IPC on 17th of October, 2010, who passed away during pendency of the same. Apart from that, the complainant also submitted a complaint against petitioners and her husband under Section 12 of the Act, 2005. In the complaint, petitioners No. 1 & 2, who are father-in-law and mother-in-law of the complainant respectively, were also arrayed and petitioner No. 3, who is sister-in-law, was also impleaded as a party. In the original complaint, husband was also impleaded, however due to his death complaint against him abetted. By relying on the averments contained in the com











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