IN THE HIGH COURT OF MADHYA PRADESH
G. S. Ahluwalia, J.
Sweta Maheshwari and another v. Smt. Pooja Maheshwari
Miscellaneous Criminal Case No.2388 of 2016 (G); Decided on 8.2.2017.*
[Paras 7 & 8
(2) Protection of Women from Domestic Violence Act, 2005 -- S.12 -- no specific allegation against applicants that they committed any domestic violence against complainant -- hence, proceedings quashed. [Paras 9 & 10
¼1½ ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e] 2005 & /kkjk 2¼Fk½ rFkk 12 & Hkkjr dk lafo/kku & vuq-14 & /kkjk 2¼Fk½ esa 'kCn ^^o;Ld iq#"k** Hkkjr ds lafo/kku ds vuqPNsn ls lkeatL; LFkkfir ugha djrs & vr% foyksfir fd, x, & blfy,] /kkjk 12 ds v/khu vkosnu dqVqac ds efgyk lnL;ksa ds fo#) Hkh pykus ;ksX; gSA ¼2016½ 10 ,l lh lh 165 vuqlfjrA ¼iSjk 7 ,oa 8½ ¼2½ ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e] 2005 & /kkjk 12 & vkosndx.k ds fo#) dksbZ fofufnZ"V vfHkdFku ugha fd mUgksaus ifjoknh ds fo#) dksbZ ?kjsyw fgalk dh Fkh & vr% dk;Zokfg;k¡ vfHk[kafMr dh xbZA ¼iSjk 9 ,oa 10½
1. This petition under section 482 of CrPC has been filed against the order dated 4.1.2015 passed by ACJM, Gwalior in Case No.125/2015.
2. The facts necessary for the disposal of the present case are that the respondent had filed an application under section 12 of Protection of Women from Domestic Violence Act, 2005 on the ground that she is married to Vishal Maheshwari on 29.1.2014 as per Hindu Rites and Rituals. Several gold and diamond ornaments, one titan watch, a silver idol of Ganesh Ji, Rs.2 lacs in cash were given at the time of engagement and Rs.50,000/- were transferred in the account of Smt. Suman Jakotiya. At the time of marriage, several gold and diamond ornaments were given apart from the household articles and in all Rs.25 lacs were spent by the father of the complainant for performing the marriage. Silver gifts were given to the in-laws of the complainant. After her marriage, when she shifted to Jamshedpur, her mother-in-law started passing taunts and when the complainant objected to her husband that why the taunts are being passed then he also supported his mother. On 1.2.2014, the mother-in-law of the complainant instructed that the complainant should do the entire work of dusting and moping in the house. Again when an objection was raised by the complainant, the husband of the complainant also supported his mother. The father-in-law of the complainant also passed taunts and he also used to shout at the complainant. When the complainant along with her husband went to honeymoon, the father-in-law, mother-in-law and applicants used to provoke her husband on mobile for hours together. The complainant also disclosed her E-mail account, face book code, bank account number etc to her husband. The behaviour of the husband of the complainant was not good towards her. After coming back from honeymoon, on 8.2.2014, the husband of the complainant informed her that on 10th he will be going back to Gurgaon to join his service. When the complainant also insisted that she would also go with him to Gurgaon, the father-in-law and mother-in-law shouted at her and said that she would not be allowed to go along with him and as nothing has been given in dowry. The father-in-law of the complainant also slapped her and she was turned out of the room.
3. On 10.2.2014, the husband of the complainant went to Gurgaon, after leaving the complainant in her matrimonial house. From 10.2.2014 to 10.3.2014, the father-in-law, mother-in-law and applicants continuously tortured her mentally. Initially, they were conspiring to kill the complainant but as they were apprehensive of their arrest, therefore, she survived. The husband, father-in-law and mother-in-law of the complainant used to say her that if she wants to stay alive in the house then she should bring an amount of Rs.7 lacs and one car, only then she will be allowed to live with her husband. It is alleged that the applicants were also extending the same threat to the complainant on phone. The complainant also tried to convince her in-laws that now she is not having any thing and also requested her husband to convince her in-laws not to harass her but neither the husband came back nor he stopped the in-laws and the applicants. On 9.3.2014, when the brother of the complainant came to Jamshedpur to take her back to Gwalior, again a demand of dowry was made and he was informed that if the complainant wants to reside with her husband then she should bring an amount of Rs.7 lacs and a car. She was also not allowed to take her ornaments back with her. From 10.3.2014 to 5.4.2014 on several occasions telephonic calls were made to the husband, father-in-law, mother-in-law of the complainant to take her back to the matrimonial house but all the time they said that unless and until an amount of Rs.7 lacs and a car is given, she will not be taken back to her matrimonial house. With great difficulty her husband agreed to take her along with him and on 5.4.2014 he came to Gwalior to take her to
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.