W.P.(CRL.) 1217/2023

Page 1 of 14

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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 10.01.2024

Pronounced on: 29.01.2024

+

W.P.(CRL.) 1217/2023 & CRL.M.A. 11401/2023

ABHISHEK KUMAR

..... Petitioner

Through:

Petitioner in person

versus

NEHA LAL

..... Respondent

Through:

Mr. Anuj Prakash, Mr. Niraj

Dubey

and

Mr.

Pradum

Kumar, Advocates

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The instant petition under Article 226 of the Constitution of

India read with Section 482 of the Code of Criminal Procedure, 1973

(‘Cr.P.C.’) has been filed by the petitioner, seeking appropriate

writ(s)/direction(s) for setting aside of impugned order dated

06.04.2023 passed by learned Additional Sessions Judge-03, East

District, Karkardooma Courts, Delhi (‘Sessions Court’), and for

quashing of the complaint filed under Section 12 of Protection of

Women from Domestic Violence Act, 2005 (‘PWDV Act’) pending

before the learned Metropolitan Magistrate, Mahila Court-02, East

District, Karkardooma Courts, Delhi (‘Trial Court’).

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:08.02.2024

11:10:33

Signature Not Verified

W.P.(CRL.) 1217/2023

Page 2 of 14

2.

The case set up by the petitioner is, that after solemnization of

his marriage with respondent on 28.01.2012 at Bihar, he and the

respondent had come to Indirapuram, Gaziabad, Uttar Pradesh on

31.02.2012 and had started residing together. On 02.02.2012, the

mother and elder sister of respondent had also come to stay at the

matrimonial home of the respondent and had started residing there

along with newly-wed couple. On 05.02.2012, the petitioner‟s

mother, elder sister, elder brother-in-law and younger cousin sister

had visited his house to attend a puja ceremony and had thereafter

returned to their home, but the respondent‟s family had continued to

reside with them till 08.02.2012. On 09.02.2012, the mother and

elder sister of respondent had gone back to Bihar, and on the same

day, the petitioner and respondent had gone to Goa, and had returned

to Delhi on 14.02.2012. On 18.02.2012, again the respondent's

mother, father and her elder sister had come to the matrimonial home

to stay with them. After a few days, elder sister of respondent had left

for Lucknow, U.P., however, the parents of the respondent had

continued to live with them. It is stated that on 25.02.2012, the

pregnancy of the respondent was confirmed. On 02.04.2012, the

respondent had left the matrimonial home along with her parents

after giving keys of the matrimonial home to the security guard in the

absence of petitioner. Thereafter, the respondent had started living on

rent at Pandav Nagar, Delhi secretly by changing her identity as an

unmarried girl and had given incorrect false information in her tenant

verification form at PS Pandav Nagar, Delhi with regard to her

permanent and last residing address. It is stated that on 14.05.2012,

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:08.02.2024

11:10:33

Signature Not Verified

W.P.(CRL.) 1217/2023

Page 3 of 14

she had filed a complaint before the ACP, CAW Cell (East) Delhi for

forcible abortion and allegations of harassment for dowry, against the

petitioner and his relatives which was later on, i.e. on 28.08.2012,

registered as an FIR No. 0361/2012, for offences punishable under

Sections 498A/406/34 of Indian Penal Code, 1860 (‘IPC’), at PS

Pandav Nagar, Delhi. On 20.07.2012, the respondent had filed the

present complaint under Section 12 of PWDV Act. On 31.07.2012,

the respondent had also filed a complaint under Section 125 of

Cr.P.C seeking maintenance from the petitioner. It is stated that the

title of application filed under Section 125 of Cr.P.C revealed that

respondent had sought monthly allowance for herself and her son. It

is further stated that during counseling before CAW Cell (East) Delhi

on 23.06.2012, the respondent