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2024 Supreme(P&H) 86

HARPREET SINGH BRAR
Geeta – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kuldeep Sheoran.
For the Respondents: Vikas Bharadwaj, Kushboo, Padamkant Dwivedi.

JUDGMENT :

HARPREET SINGH BRAR, J.

1. The present petition is preferred under Section 482 of the Cr.P.C. for quashing the complaint no. 21/2015 dated 30.04.2015 filed under Sections 363, 452 and 120-B of the IPC (Annexure P-1) and order dated 11.10.2018 passed by learned Judicial Magistrate Ist Class, Bahadurgarh (Annexure P-2) whereby the petitioner has been summoned to face trial for commission of offence punishable under Section 363 of the IPC.

FACTUAL BACKGROUND

2. The facts, briefly, are that the petitioner is married to the son of respondent no. 2-complainant and out of the wedlock a daughter namely Prachi was born. However, some matrimonial discord ensued between petitioner and her husband and the petitioner registered a complaint against him and his family, in which he was granted the concession of bail while respondent no. 2 and his wife (mother-in-law of the petitioner) were found innocent during police investigation. The petitioner had also filed a petition under Protection of Women from Domestic Violence Act, 2005 (hereinafter ‘DV Act’) before Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi.

3. Allegedly, on 28.04.2015, an unknown lady, accompanied by a man, came to

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