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2016 Supreme(P&H) 1056

ANITA CHAUDHRY
Amit Agarwal – Appellant
Versus
Sanjay Aggarwal – Respondent


Advocates:
For the Petitioners:Mr. Sukhbir Singh, Advocate.
For the Respondents:Mr. A.S. Manaise, Advocate.

JUDGMENT

Mrs. Anita Chaudhry, J.:- The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of complaint filed under the Domestic Violence Act.

2. It is necessary to give the factual issues before referring to the legal issues. A complaint under the Domestic Violence Act was filed by Sanjay Aggarwal, brother of Ritu Aggarwal. Ritu was married to Amit Aggarwal in October, 2003. A child was born to them in October, 2004. Allegations were levelled that there was demand of a car before marriage. The family gave Rs.2 lacs in cash, gold items besides electrical goods. There was a demand even at the time of birth of the child, the wife was beaten up and tortured and kicked out of the house finally in June, 2006. The Istridhan and the dowry articles were retained by the accused. A claim for maintenance, compensation as damages, residence in the shared house hold was made.

3. The petitioners are the husband, father in law & the brother in law. It was the second marriage for petitioner no.1. It is claimed that Ritu left the matrimonial home in June, 2006 to attend two functions and took all the jewellery with her to wear on the occasion at Ludhiana on 02.02.2006. It was









































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