Mrs. Anita Chaudhry, J.: (Oral) - The petitioners have been arrayed as respondents in a complaint filed by Shimla Garg under the Domestic Violence Act. They have been summoned in the complaint case. Two petitions have been filed for quashing of the Complaint No. 208 dated 07.05.2012.

2. Both the petitions are being disposed of by this order as they arise out of the same complaint. It is necessary to mention here that Om Parkash Syngal - petitioner No. 1 in CRM No. M-24058 of 2014 had died during the pendency of the petition.

3. The facts may now be exposited. Shimla Garg was married to Sham Lal Garg in 1962. They had one son and four daughters. Arun Garg son of Shimla Garg was prosecuted for dowry death of his wife. Sham Lal and Shimla Garg were also arrayed as an accused but they were acquitted. All was well between Shimla and Sham Lal till 2001. All their children had got married by 1996. Sham Lal Garg retired from Government service in November 1996 and is a pensioner. Sham Lal and his wife Shimla were residing in the ground floor of the house. Their son and his family were residing on the first floor. The family moved to a house in Model Gram, Ludhiana.

4. On conviction Arun was sentenced to 10 years imprisonment. Arun Garg came out on parole but failed to surrender. Sham Lal his father informed the police and Arun was arrested. The relationship became less pleasant. On completion of the sentence, Arun returned home in August 2001. It was thereafter that differences arose and relations soured. Complaints were filed by Shimla Garg against her husband, daughters and son-in-laws under the Domestic Violence Act. Arun Garg’s daughter Aditi also instituted separate complaint under the Domestic Violence Act against her grand father- Sham Lal Garg, her aunts and their husbands who are living in different districts of Punjab and Haryana.

5. It is now necessary to refer to the allegations made in the complaint Annexure P-2 filed by Shimla Garg. She was 71 years old at the time of the institution of the complaint. She had pleaded that she was married in 1962 and her husband was high handed since the very beginning and she was tolerating as she had no option. The couple lived in rented house since 1974 and thereafter moved to their own house. From 1974 onwards they lived in the same house till 2001. The son alongwith his wife were living on the first floor while they were residing on the ground floor. The daughter-in-law died in March 1999. The complainant had alleged that false dowry death case was registered by the police against them and their only son and they were sent to jail and were ultimately acquitted in January 2001 but the son was convicted for 10 years imprisonment. It was averred that the son was released on bail in August 2001 and they sold the shared household and she alongwith her husband and son built a new house in Plot No. 40 and 41 in Central Town, Village Daad, District Ludhiana and started living in the house from 2002 onwards. It was pleaded that Plot No. 40 was a shared household and was in the joint names of the complainant and her husband whereas Plot No. 41 was in the joint name of their son and the father. The son surrendered to undergo the unexpired portion of his sentence after dismissal of his appeal in the year 2003. The complainant further alleged that her husband made an agreement for sale of Plot No. 41 which was the shared household and he pressurized his son to sign the sale deed but son refused to sign the same. It was pleaded that respondent No. 1 with active connivance with the other respondents started asking the complainant to give the power of attorney with respect to his share in Plot No. 40 in order to facilitate him to mortgage/sell the shared household for starting business. The complainant refused to give the Power of Attorney. It was pleaded that taking advantage of the absence of the son her husband in connivance with other respondents started subjecting her and her grand chil