Crl. Misc. No. M-6104 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-6104 of 2011 (O&M) Date of Decision :4.3.2011 Gopal Mittal & others .......... petitioners Versus State of Haryana & another ...... Respondents CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : Mr. Sandeep Gahlawat, Advocate for the petitioners. **** RITU BAHRI, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. for quashing Criminal complaint No. 156/10 of 27.1.2010/5.5.2010 titled “Rajni Vs. Gopal Mittal & Ors.” under Section 12 of the Prevention of Women from Domestic Violence Act, 2005, pending in the Court of Shri Rohit Watts, Judicial Magistrate Ist Class, Panipat and for setting aside the summoning order dated 7.1.2011 whereby the petitioners have been summoned through non-bailable warrants. The petitioner has sought quashing of complaint on the ground that marriage between respondent No. 2 Rajni and petitioner No.1 Gopal Mittal took place way back in the year 1990. Prevention Crl. Misc. No. M-6104 of 2011 -2- of Women from Domestic Violence Act, 2005, came into force in the year 2006. The complaint has been registered in 2010 stating that she had been ill-treated by her husband in the matrimonial house six years back on the instigation of petitioner No.2. This Act is not applicable to an incident which occurred prior to coming into force of this Act. All the family members including sisters of petitioner No.1 have been impleaded as accused in the complaint, who have no role to play in her married life. After going through the contents of the complaint, the allegations are that husband of respondent No.2, Gopal Mittal had illicit relations with the real sister of complainant Rajni. Because of bad relations she could not stay in the matrimonial home and she along with children namely Vishal and Lalit had to leave and thereafter respondent No.2 Rajni took custody of one son namely Vishal and started residing at her parental house at Samalkha along with her son Lalit. Husband of the complainant / respondent No.2, married her sister illegally without getting a divorce. Her divorce petition is pending in the Court of Addl. District Judge, Panipat. Her real sister and petitioners No. 2 to 5 are supporting the cause of complainant's husband Gopal Mittal. In view of the undisputed fact that respondent No.2 was married to petitioner No.1 in the year 1990 and she has two children from the said marriage and as per the narrated facts in the complaint, the complaint could only be gone into by the trial Court. Without expressing any opinion on the merits of the case, Crl. Misc. No. M-6104 of 2011 -3- this criminal miscellaneous is disposed of enabling the petitioners to take all the pleas before the leaned trial Court. 4.3.2011 (RITU BAHRI) 'sp' JUDGE