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Tej Singh Thakur And Another vs Anshul Suphia on 29 May, 2019

Criminal Misc. No. M-24677 of 2019 (OM) -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

Criminal Misc. No. M-24677 of 2019 (OM)

Date of decision : May 28, 2019

Tej Singh Thakur and another
….Petitioners
versus

Anshul Suphia

….Respondent

Coram: Hon’ble Mr. Justice Fateh Deep Singh

Present : Mr. Arjun Singh Likhari, Advocate, for the petitioner

Fateh Deep Singh, J. (Oral)

A complaint under Section 12 of the Protection of Women

from SectionDomestic Violence Act, 2005 (in short, the Act) was preferred by

present respondent Anshul Suphia against present petitioner Tej

Singh Thakur and Lalita Thakur who are in-laws besides others

including Vikas Kumar Thakur husband and Tanu Thakur sister of the

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husband wherein she has sought the following reliefs:-

“3. Orders required:

(i) Protection order U/s 18

(a) Prohibiting respondents from committing
any act of domestic violence.

(b) Prohibiting respondents from adding or
abetting in the commission of acts of domestic
violence.

(c) Prohibiting any form of communication by
the respondents with the complainant.

(d) Prohibiting alienation of assets (Gold,
jewelry other valuables) by the respondents.

(e) Directing the respondents to stay away
from the complainant and her family.

(f) Any other order which this Hon’ble Court
deems fit. ….

(ii) Residence order U/s 19
An order restraining respondents from

(a) Alienating/Disposing/Encumbering the
house of the complainant.

(b) An order to direct respondents No. 1 3 to
remove themselves from the house of the
complainant.

(c) Respondent or any of his relative from
entering any portion of the house of the
aggrieved person is residing.

(d)An order entitling the complainant to
continue access to her personal assets.

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An order directing respondents to

(e) Any other order which this Hon’ble Court
deems fit ……

(iii) Monetary reliefs U/s 20

(a) Medical expenses amount
claimed 1,50,000/-

(b) Physical and mental injury
because of Depression mental
trauma 50,000/-

Any other order which this Hon’ble Court deems fit ……

(iv) Compensation order U/s 22

(a) Directing the respondents to pay
compensation and Damages for the injuries
including mental torture and emotional
distress caused by the acts of domestic
violence committed by the respondents (Rs
Ten Lac only). 10,00,000/-

4. Details of previous complaints and litigation:-

(a) Complaints regarding the acts of domestic
violence and the demand of dowry already
filed before the SSP SAS Nagar (Mohali)
dated 11-12-2018 which was forwarded to the
Women Cell Mohali but no action has been
taken by the police officials till date despite of
the reminders and various new acts of
violence filed before the concerned officials.

(b) A Divorce Petition was filed before the
Hon’ble Additional District Session Judge,
Mohali, where the complainant in this present

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petition was forced by the Respondent No.1 to
give the statement regarding the mutual
divorce petition, but due to cohabitation
between both the parties in the given period of
six months and withdrawal of the consent after
six months of the complainant in this present
case, the divorce petition under Section 13(b)
was dismissed vide order dated 08-02-2019.
A copy of the same is annexed herewith as
Annexure P-1.”

The court of learned Chief Judicial Magistrate, SAS

Nagar, Mohali vide orders dated 10.4.2019 passed the following

orders:-

“Complaint under Section 12 presented
before me being Illaqa Magistrate of PS
Phase 1, SAS Nagar. It be checked and
registered in the relevant register as well as in
the CIS under rules.

Notice to respondents no. 1 to 4 through
ordinary process be issued for 25.04.2019.
Dasti summons be given, if desired.”

It is against this, the present petition under Section 482

Cr.P.C. has been filed by the present petitioners who are parents-in-

law of the complainant seeking quashment of the complaint, all

consequences thereof including the summoning order dated

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10.4.2019.

Heard Mr. A.S.Likhari, learned counsel for the petitioners

and perused the records.

The Magistrate had only upon filing of the complaint

issued notice to the respondents for 25.4.2019. Though counsel for

the petitioner with much vehemence has sought to place reliance on

Machindra Anr. Vs The State of Maharashtra Anr., Criminal

Appeal No. 515 of 2019, decided on 15.3.2019 and SectionAnup Singh vs

Rajesh, Criminal Misc. No. M-44623 of 2007 decided by this

Court on 6.2.2012 to derive home the point that where there is no

apparent material to substantiate the allegations, in such a case

proceedings needs to be quashed. However, with due apologies

Section 12 of the Act deals with the procedure for obtaining orders of

reliefs under which whenever an aggrieved person or a Protection

Officer or any other person on behalf of the aggrieved person may

present an application to the Magistrate seeking one or more reliefs

enumerated therein are sought by virtue of 13 of the Act issue notice

of the date of hearing and which copy of the notice shall also be

served through Protection Officer and thereafter by virtue of Section

14 of the Act, counselling is to be undergone between the parties and

which is to the mind of the Court, the precise reason for passing of

this order which is still at nascent stage of undergoing preliminaries

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in the case. It is thereupon when the Magistrate after giving the

aggrieved person and the respondent an opportunity of being heard

being prima facie satisfied that domestic violence has taken place

and is likely to take place pass a protection order in favour of the

aggrieved person prohibiting the respondent by virtue of Section 18

of the Act and which stage to the mind of this Court is yet to come

about. The petitioners in their endeavour to forego this appearance

before the learned Magistrate to facilitate counselling and opportunity

of being heard has directly come up before this Court obviously in

oblivion that provisions of Section 482 Cr.P.C. are to be sparingly

used to meet the ends of justice. Further-more Section 29 of the Act

provides a forum of appeal from an order made by Magistrate which

is served on the aggrieved person or the respondent and which has

not been resorted to as per the own admission of the counsel for the

petitioner. Thus, the present petition on the face of it is premature for

this Court to take cognizance of the same and as such stands

dismissed in limine.

( Fateh Deep Singh )
May 28, 2019 Judge
‘tiwana’

Whether speaking/reasoned ? Yes/No
Whether Reportable ? Yes/No

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