IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 8 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 7983 of 2016 SUNIL KUMAR AND OTHERS Versus RAKHI SAKHWAR AND OTHERS Appearance:

Mr. Anant Kumar Bansal - Advocate for the petitioners.

None for the respondents, even though served.

ORDER This petition under Section 482 of the Cr.P.C. seeks the quashing of proceedings in Case No. 13 of 2014 under Section 12 of the Protection of Women from Domestic Violence Act, which are pending before the Judicial Magistrate First Class, Ambah, District Morena.

2. The facts of the case, in brief, are that the respondent/wife filed a complaint against the petitioners before the Court below under Section 12 of the Protection of Women from Domestic Violence Act, 2005. In the said complaint, the respondent No. 1/wife has failed to state the specific place, time, or date on which the petitioners allegedly committed domestic violence against her. Furthermore, Respondent No. 1, Rakhi Sakhwar, has been living with her son-Kapil, at her parents' home in Ambah since 2011; the present proceedings, however, have been filed before the Trial Court in the year 2014 on false grounds. Aggrieved by this, the petitioners have preferred the present petition under Section 482 of the Cr.P.C.

3. Counsel for the petitioners submits that the marriage of petitioner No. 1, Sunil Kumar, with respondent No. 2, Rakhi Sakhwar, was solemnized on May 5, 2007, according to Hindu customs and traditions. The Gauna ceremony took place approximately eight months later in January 2008, following which respondent No. 2 came to her in-laws' house. The petitioners submit that on June 28, 2013, respondent Rakhi Sakhwar filed a First Information Report against the petitioners at Police Station Ambah under Sections 498A and 323/34 of the Indian Penal Code, following which the police filed a charge sheet before the subordinate court. To quash the charge sheet, the petitioners filed a petition under Section 482 of the Cr.P.C. before this Court on February 14, 2014, which was registered as M.Cr.C. No. 1452 of 2014. In retaliation to the notices issued in that petition, the respondent/wife filed the instant complaint against the petitioners under Section 12 of the Protection of Women from Domestic Violence Act, 2005. This Court subsequently allowed M.Cr.C. No. 1452 of 2014, and the petitioners were acquitted of the charges levelled by the respondent/wife vide judgment dated April 17, 2015.

4. It is further submitted that respondent No. 1 has been living with her child at her parents' home in Ambah since 2011. Consequently, petitioner No. 1 filed a petition under Section 9 of the Hindu Marriage Act (HMA) in Agra, seeking the restitution of conjugal rights. The Respondent/wife has not yet appeared before the Agra Court in those proceedings. Since Respondent Rakhi Sakhwar has been residing exclusively at her parental home since

2011 and has never resided at her in-laws' home since that date, the question of the petitioners committing domestic violence or harassment against the respondent/wife within the shared household does not arise.

5. It is further submitted that the proceedings for divorce under Section

13 of Hindu Marriage Act have been concluded between the parties and petitioner has obtained decree of divorce from Family Court No. 1, Agra (U.P) on 1104.2023. In such circumstances the proceedings in Case No. 13 of 2014 under Section 12 of the Protection of Women from Domestic Violence Act pending before Judicial Magistrate First Class, Ambah, District Morena deserves to be quashed. In support of his contention he has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Inderjit Singh Grewal Vs. State of Punjab and Anr. reported in (2012) 2 SCC (Cri) 614, as well as Order passed by this Court in the case of Swapnil Kolhe and Ors. Vs. Smt. Kirti Kolhe, reported in 2014 (III) MPWN 63. 6. Heard counsel for the petitioner and