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2015 DIGILAW 851 (HP)

Siddharth Thakur S/o Shri Pradeep Singh v. Deva W/o Sh. Siddharth Thakur

2015-07-08

P.S.RANA

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JUDGMENT : P.S. RANA, J. 1. Present petition is filed for quashing complaint No. 127/1 of 2013 filed by non-petitioner No. 1 under Section 12 of Protection of Women from Domestic Violence Act 2005 against the petitioner which is pending before learned Chief Judicial Magistrate Kullu or relief for transferring the trial of complaint No. 127/1of 2013 filed by non-petitioner against the petitioner to another District sought. Brief facts of the case 2. Smt. Deva non-petitioner No.1 wife of petitioner filed application under Section 12 of Protection of Women from Domestic Violence Act 2005 before learned Chief Judicial Magistrate Kullu against petitioner pleaded therein that non-petitioner No.1 is legally wedded wife of petitioner and their marriage was solemnized on dated 12.3.2012 as per customs prevailing between the parties. It is pleaded that marriage was solemnized on dated 12.3.2012 at J.J. Resorts Shamshi as per customs prevailing between the parties. It is pleaded that after marriage petitioner requested the father of non-petitioner No.1 that he wishes to stay at J.J. Resort for some days and thereafter father of non-petitioner No.1 had arranged for stay at J.J. Resort Shamshi. It is pleaded that thereafter marriage was registered in the office of SDM Kullu. It is further pleaded that thereafter petitioner Siddharth Singh went to Canada and again came back on dated 12.1.2013. It is pleaded that thereafter petitioner and non-petitioner No.1 travelled to Delhi, Jalandhar, Jammu and Chamba. It is pleaded that during the whole period petitioner namely Siddharth Singh kept torturing non-petitioner No.1 after consuming liquor. It is pleaded that petitioner also demanded finger ring and also demanded a car. It is pleaded that when father of nonpetitioner No.1 showed his inability to provide ring and vehicle then petitioner started torturing and maltreating non-petitioner No.1. It is further pleaded that when non-petitioner No.1 was at Goa with petitioner then petitioner locked non-petitioner No.1 in a room. It is pleaded that when non-petitioner No.1 was at Goa with petitioner and when one foreigner was looking at non-petitioner No.1 then petitioner told non-petitioner No.1 that if foreigner would say that his wife is beautiful then he would say to the foreigner to keep Smt. Deva. It is pleaded that when non-petitioner No.1 was at Goa with petitioner and when one foreigner was looking at non-petitioner No.1 then petitioner told non-petitioner No.1 that if foreigner would say that his wife is beautiful then he would say to the foreigner to keep Smt. Deva. Non-petitioner No.1 further pleaded in application filed under Section 12 of Protection of Women from Domestic Violence Act 2005 that one day at about 2½ AM in the night petitioner was drinking heavily and when non-petitioner No.1 resisted then petitioner became furious and started beating the non-petitioner. It is pleaded that petitioner namely Siddharth laid non-petitioner No.1 Smt. Deva on the floor and thereafter sat on the stomach of non-petitioner No.1 and threatened non-petitioner No.1 that non-petitioner No.1 would be killed. It is pleaded that thereafter petitioner namely Siddharth Singh crossed all limits of brutality and put his fist on the vagina of Smt. Deva. It is pleaded in application filed under Section 12 of Protection of Women from Domestic Violence Act 2005 that Shri Siddharth Singh also humiliated Smt. Deva by uttering the words that Smt. Deva is of black complexion. It is pleaded that petitioner Shri Siddharth had also sent SMS to Smt. Deva with filthy and abusive language. It is pleaded that Shri Siddharth did not provide any maintenance allowance. It is pleaded that Smt. Deva is apprehending danger to her life at the hands of petitioner Shri Siddharth. It is pleaded in application under Section 12 of Protection of Women from Domestic Violence Act 2005 that Shri Siddharth and his family members used to abuse Smt. Deva. It is pleaded in application under Section 12 of Protection of Women from Domestic Violence Act 2005 that Siddharth and his family members always demanded dowry from Smt. Deva. 3. Per contra reply filed on behalf of Siddharth pleaded therein that father of Smt. Deva is senior police officer and he had created a false and hear-say evidence with mala fide motive. It is pleaded that Siddharth did not demand any dowry at any point of time and did not commit physical and mental torture. 4. Smt. Deva filed rejoinder and re-asserted the allegations made in application filed under Section 12 of Protection of Women from Domestic Violence Act 2005. It is pleaded that Siddharth did not demand any dowry at any point of time and did not commit physical and mental torture. 4. Smt. Deva filed rejoinder and re-asserted the allegations made in application filed under Section 12 of Protection of Women from Domestic Violence Act 2005. It is proved on record that when application was filed under Section 12 of Protection of Women from Domestic Violence Act 2005 thereafter learned Chief Judicial Magistrate sought report from Protection Officer namely Ms. Phulwanti Negi. It is also proved on record that thereafter Ms. Phulwanti Negi filed domestic incident report and thereafter learned Chief Judicial Magistrate summoned the petitioner namely Siddharth Singh. Protection Officer requested learned Chief Judicial Magistrate Kullu to pass a protection order under Section 18, residence order under Section 19, maintenance order under Section 20 and compensation order under Section 22 of Protection of Women from Domestic Violence Act 2005 against Siddharth. 5. Court heard learned counsel appearing for the petitioner and non-petitioner No.1 and also heard learned Assistant Advocate General appearing on behalf of nonpetitioner No.2 and also perused the entire record carefully. 6. Following points arise for determination in present case:- 1. Whether petition filed by the petitioner for quashing complaint No. 127/1 of 2013 and in alternative for transferring complaint No. 127/1 of 2013 to some other District from Kullu is liable to be accepted as mentioned in memorandum of grounds of petition? 2. Final Order. Reasons for findings on Point No.1. 7. Submission of learned Advocate appearing on behalf of petitioner that false complaint No. 127/1 of 2013 was filed by Smt. Deva against the petitioner and on this ground petition be allowed is rejected being devoid of any force for the reasons hereinafter mentioned. Court has carefully perused the contents of petition and Court has also carefully perused the contents of response filed by non-petitioners. Material proposition of facts have been alleged by petitioner and denied by non-petitioners. Material proposition of facts alleged by one party and denied by another party cannot be decided at this stage. The same fact will be decided when case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case. Petitioner has alleged in petition that false complaint was filed against him under Section 12 of Protection of Women from Domestic Violence Act. The same fact will be decided when case shall be disposed of on merits after giving due opportunity to both the parties to lead evidence in support of their case. Petitioner has alleged in petition that false complaint was filed against him under Section 12 of Protection of Women from Domestic Violence Act. On the contrary Smt. Deva wife of petitioner has alleged that petitioner had tortured her physically and mentally under the influence of liquor and had also beaten her mercilessly and due to beatings given by petitioner non-petitioner Deva was forced to admit in hospital. Even it is prima facie proved on record that matter was referred by learned Chief Judicial Magistrate Kullu to Protection Officer Smt.Phulwanti Negi who conducted the inquiry and submitted the report. At this stage it is not expedient in the ends of justice to quash complaint No. 127/1 of 2013 filed under Section 12 of Protection of Women from Domestic Violence Act in view of conflicting facts asserted by one party and denied by another party. 8. Another submission of learned Advocate appearing on behalf of the petitioner that father of non-petitioner No.1 Smt. Deva is posted in police department as Additional S.P. and he will influence the trial of complaint No. 127/1 of 2013 and on this ground complaint No. 127/1 of 2013 be transferred from District Kullu to some other District is also rejected being devoid of any force for the reasons hereinafter mentioned. It is prima facie proved on record that father of Smt. Deva stood retired on dated 31.12.2013. It is well settled law that proceedings in Court are conducted by Presiding Judge. No allegations have been leveled by petitioner against Presiding Judge who is conducting the proceedings of criminal complaint No. 127/1 of 2013. It is well settled law that in order to allow the transfer of case it must appear to the High Court and not to the party that fair and impartial trial would not be conducted by learned trial Court. It is well settled law that Bench and Bar are two integral parts of justice and it is also well settled law that Judicial Officers must conduct themselves in such a way that prestige and image of judiciary is maintained and there should not be slightest unfeeling between the parties creating an apprehension in the mind of public that Judge would not be impartial. In present case no allegations have been leveled against Presiding Judge who is conducting the trial of present complaint No. 127/1of 2013. In view of the fact that no allegations leveled against the Judge who is conducting the trial of complaint No. 127/1 of 2013 it is held that it is not expedient in the ends of justice to transfer the case from District Kullu to another District. In view of above stated facts point No. 1 is answered in negative. Point No. 2 (Final Order) 9. In view of above stated facts petition is dismissed. Observations made in this order will not effect the merits of case in any manner and will be strictly confine for the disposal of petition. Petition is disposed of. All pending miscellaneous application (s) if any also stands disposed of.