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2016 Supreme(J&K) 605

Vidit Mahajan – Appellant
Versus
Sunali Mahajan – Respondent


Advocates Appeared:
For the Appellant :Mr. Abhinav Sharma, Advocate and Mr. Himanshu Beotra, Advocate.
For the Respondent:Mr. B.S. Salathia, Sr. Advocate with Mr. Pawan Maini, Advocate.

JUDGMENT :

Janak Raj Kotwal, J.

1. This is a petition under Section 561-A of the Jammu and Kashmir Code of Criminal Procedure (for short the Code). Petitioners seek quashing of a complaint/application under Section 12(1) of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (for short the Act) filed against them by the respondent in the court of Spl. Excise Mobile Magistrate, Jammu as also order dated 30.04.2015 passed by the learned Magistrate and judgment dated 22.07.2015 passed in appeal by learned Second Additional Sessions Judge, Jammu.

2. Heard. I have perused the record.

3. Respondent is the wife of Petitioner No. 1. their marriage was solemnized on 28.01.2008. Petitioners 2 and 3 are the parents of Petitioner No. 1. In her application under Section 12(1) of the Act respondent has levelled various allegations of domestic violence and harassment against the petitioners. Relevant for disposal of this petition is the allegation that on 02.01.2014 Petitioner No. 1 at the instigation of Petitioners 2 and 3 gave her physical thrashing at her matrimonial hou






































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