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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Fateh Deep Singh, J.
Tej Singh Thakur & Ors. - Appellants
Versus
Anshul Suphia - Respondent
Criminal Misc. No. M-24677 of 2019 (O&M)
Decided On : 28-05-2019
Domestic Violence - Protection of Women From Domestic Violence Act, 2005 - Section 12, Section 18, Section 19, Section 20, Section 22 - The court discussed the procedure for obtaining orders of reliefs under the Act, including the issuance of notice, counseling between the parties, and the passing of a protection order. The court emphasized the importance of following the procedural requirements and highlighted the premature nature of the petition before the court.
Fact of the Case:
The complaint was filed under section 12 of the Protection of Women From Domestic Violence Act, 2005 by the respondent against the petitioner and others, seeking various reliefs including protection order, residence order, monetary reliefs, and compensation order. The petitioners filed a petition seeking quashment of the complaint and all consequences thereof.
Finding of the Court:
The court found that the petition was premature and dismissed it in limine, emphasizing the procedural requirements under the Act, including the need for counseling between the parties and the premature nature of the petition before the court.
Issues: The issues involved the procedural requirements under the Protection of Women From Domestic Violence Act, 2005, and the premature nature of the petition before the court.
Ratio Decidendi: The court emphasized the importance of following the procedural requirements under the Act, including counseling between the parties, and highlighted the premature nature of the petition before the court.
Final Decision: The petition was dismissed in limine as premature.
JUDGMENT/ORDER
Fateh Deep Singh, J. - A complaint under section 12 of the Protection of Women From Domestic Violence Act, 2005 (in short, the Act) was preferred by present respondent Anshul Suphia against present petitioner Tej Singh Thakur and Lalita Thakur who are in-laws besides others including Vikas Kumar Thakur husband and Tanu Thakur sister of the husband wherein she has sought the following reliefs:-
"3. Orders required:
(i) Protection order under section 18
(a) Prohibiting respondents from committing any act of domestic violence.
(b) Prohibiting respondents from adding or abetting in the commission of acts of domestic violence.
(c) Prohibiting any form of communication by the respondents with the complainant.
(d) Prohibiting alienation of assets (Gold, jewelry & other valuables) by the respondents.
(e) Directing the respondents to stay away from the complainant and her family.
(f) Any other order which this Hon'ble Court deems fit.....
(ii) Residence order under section 19
An order restraining respondents from
(a) Alienating/Disposing/Encumbering the house of the complainant.
(b) An order to direct respondents No. 1 & 3 to remove themselves from the house of the complainant.
(c) Respondent or any of his relative from entering any portion of the house of the aggrieved person is residing.
(d) An order entitling the complainant to continue access to her personal assets. An order directing respondents to
(e) Any other order which this Hon'ble Court deems fit......
(iii) Monetary reliefs under section 20
(a) Medical expenses amount claimed 1,50,000/-
(b) Physical and mental injury because of Depression mental trauma 50,000/- Any other order which this Hon'ble Court deems fit
(iv) Compensation order under section 22
(a) Directing the respondents to pay compensation and Damages for the injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondents (Rs. Ten Lac only). 10,00,000/-
4. Details of previous complaints and litigation:-
(a) Complaints regarding the acts of domestic violence and the demand of dowry already filed before the SSP SAS Nagar (Mohali) dated 11-12-2018 which was forwarded to the Women Cell Mohali but no action has been taken by the police officials till date despite of the reminders and various new acts of violence filed before the concerned officials.
(b) A Divorce Petition was filed before the Hon'ble Additional District & Session Judge, Mohali. where the complainant in this present petition was forced by the Respondent No. 1 to give the statement regarding the mutual divorce petition, but due to cohabitation between both the parties in the given period of six months and withdrawal of the consent after six months of the complainant in this present case, the divorce petition under Section 13(b) was dismissed vide order dated 08-02-2019. A copy of the same is annexed herewith as Annexure P-1."
2. The court of learned Chief Judicial Magistrate, SAS Nagar, Mohali vide orders dated 10.4.2019 passed the following orders:-
"Complaint under Section 12 presented before me being Illaqa Magistrate of PS Phase 1, SAS Nagar. It be checked and registered in the relevant register as well as in the CIS under rules.
Notice to respondents No. 1 to 4 through ordinary process be issued for 25.04.2019. Dasti summons be given, if desired."
3. It is against this, the present petition under Section 482 Cr.P.C., 1973 has been filed by the present petitioners who are parents-in-law of the complainant seeking quashment of the complaint, all consequences thereof including the summoning order dated 10.4.2019.
4. Heard Mr. A.S. Likhari, learned counsel for the petitioners and perused the records.
5. The Magistrate had only upon filing of the complaint issued notice to the respondents for 25.4.2019. Though counsel for the petitioner with much vehemence has sought to place reliance on Machindra & Anr. v. The State of Maharashtra & Anr., Criminal Appeal No. 515 of 2019, decided on 15.3.2019 and Anup Singh
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