Ankur Bassi vs Monika Malhotra
2015 Latest Caselaw 2823 Del

Citation : 2015 Latest Caselaw 2823 Del
Judgement Date : 8 April, 2015

Delhi High Court

Ankur Bassi vs Monika Malhotra on 8 April, 2015

Author: Sunil Gaur

    * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: April 08, 2015

+     CRL.M.C. 1349/2015 & Crl. M.A.Nos.4952-4953/2015
      ANKUR BASSI                                         ..... Petitioner
                          Through:       Ms. Swati Bhushan Sharma &
                                         Mr.Naveen Sharma, Advocates

                          versus

      MONIKA MALHOTRA                                       ..... Respondent
                  Through:               Nemo.


      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

In this petition, quashing of complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is sought on merits.

At the hearing, learned counsel for petitioner submitted that the instant complaint has been lodged after the period leaving the matrimonial house and that respondent was already married and during subsistence of the earlier marriage, the instant marriage was performed and a petition for annulment of this marriage is already pending. It is submitted that no case for domestic violence is made out.

Upon hearing and on perusal of the complaint (Annexure-P-3), this Court finds that it is quite apparent that petitioner had induced respondent

Crl.M.C.No.1349/2015 Page 1 to marry him even during the subsistence of his first marriage and it is also apparent that parties were in live-in-relationship and allegations of petitioner subjecting respondent to cruelty do exists in the complaint in question.

In the considered opinion of this Court, no case for quashing of FIR in question is made out.

With aforesaid observations, this petition and applications are accordingly dismissed.




                                                       (SUNIL GAUR)
                                                         JUDGE
APRIL 08, 2015
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Crl.M.C.No.1349/2015                                                Page 2