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2023 Supreme(Jhk) 958

GAUTAM KUMAR CHOUDHARY
Vimla Devi – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kaushik Sarkhel, Advocate
For the Respondent:Mr. Vineet Kumar Vashistha, Mr. Mahesh Tewari, Mr. Amit Kumar Agarwal, Mr. Ritesh Kumar Mahto, Advocate

JUDGMENT :

Instant petition has been filed for quashing of entire criminal proceeding arising out of Complaint Case No.10418 of 2021 under Sections 12, 18, 19, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (for short DV Act). Opposite party No.2-Sumana Sharan filed complaint before A.C.J.M., Ranchi under Domestic Violence Act.

2. Petitioner no.1 and 2 are the mother-in-law and father-in-law of the Complainant.

CASE OF THE COMPLAINANT

3. The brief facts of the Complainant’s case is that she was married to Kanhaya Lal Gupta (Respondent No-1) on 22.05.2013 at Naini, Allahabad and was taken to the matrimonial home situated at 158-Manas Vihar, Tiwaripur-2, Jajmau, Kanpur, UP and the marriage was formally registered after six days before the Registrar, Hindu Marriage Registration Office at Kanpur on 29.05.13.

4. From the wedlock, they have two children. The respondent No.1 is an Indian Citizen working in Dublin, U.S.A. and was working there under VISA-H1-B as software developer. The complainant was also living with her husband in U.S.A. on “Dependent spouse VISA”, and was subjected to domestic violence and subjected to cruelty in reference to dowry demand. It i

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