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2021 Supreme(P&H) 733

SUVIR SEHGAL
Santosh Mittal – Appellant
Versus
Sonia Singla – Respondent


Advocates Appeared:
Mr. Sunil Polist, Advocate, for the Appellant.

JUDGMENT

Suvir Sehgal, J. (Oral). - The Court has been convened through video conferencing due to Covid-19 pandemic.

2. Through the instant petition filed under Section 482 of Code of Criminal Procedure, 1973, the petitioner seeks quashing of complaint bearing No. COMA/45/2020 dated 17.08.2020 titled as Sonia Singla and another Versus Pankaj Mittal and another, Annexure P-l, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short "the Act") which is pending before JMIC, Derabassi, District Mohali.

3. Counsel for the petitioner has argued that the petitioner, who is the mother-in-law of the complainant-respondent No.1, is not residing with the complainant, therefore, the complaint under the provisions of the Act is not maintainable against her.

4. The argument raised by the counsel deserves to be noticed and rejected. A perusal of paras 7 to 9 of the impugned complaint-Annexure P-1 shows that after her marriage, the complainant started residing at the native place of her in-laws at Kumkshetra and the petitioner started harassing her for not bringing adequate dowry. It has been alleged that on the very first day after marriage, the petitioner taunted

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