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2013 Supreme(P&H) 1272

JITENDRA CHAUHAN
Geeta Kapoor – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared
Pt.Hari Om Sharma, Advocate, for the petitioners.
Mr.R.N.Bhardwaj, AAG Haryana.
Mr.Namit Khurana, Advocate, for respondent No.2.

Judgment

JITENDRA CHAUHAN, J.

The present petition is filed by petitioner-Smt.Geeta Kapoor (mother-in-law) and Ms.Renu Bhatia (sister-in-law) for quashing of Criminal Complaint No.120 dated 27.07.2009, titled as Anju Kapoor Vs. Sanjeev Kapoor and others, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (herein referred to as 'the D.V.Act') pending in the Court of Judicial Magistrate Ist Class, Jagadhari.

Learned counsel for the petitioner argued that complainant Anju Kapoor-respondent No.2 has earlier lodged an FIR No.89 dated 22.03.2007 under Section 498A, 406 IPC at Police Station Farakpur against Sanjiv Kumar (husband), Kuldip Rai (father-in-law), Geeta Kapoor (mother-in-law) and Renu Bhatia (sister-in-law). After investigation petitioner No.2Smt.Renu Bhatia was found innocent and was kept in column No.2 in report under Section 173 Cr.P.C. Thereafter an application under Section 319 Cr.P.C. was moved by the complainant for summoning petitioner No.2 as an additional accused. That application was dismissed vide order dated 13.08.2010 by the Judicial Magistrate Ist Class, Jagadhari. Complainant Smt.Anju Kapoor (respondent No.2 herein) challenged the order















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