Crl. Misc. No. M-10137 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-10137 of 2011
Date of Decision : July 22, 2011
Ajay Dua and another .... Petitioners
Vs.
Pinki @ Anjali .... Respondent
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Ms. Indu Bala, Advocate
for Mr. N. D. Achint, Advocate
for the petitioner.
* * * L. N. MITTAL, J. (Oral) :
Pinki @ Anjali – respondent herein has filed complaint under
Section 12 of the Protection of Women from Domestic Violence Act, 2005
against Ajay Dua and his mother Usha Dua – petitioner herein. Petitioners
herein moved application Annexure P-3 for amendment of the written
statement filed in the said case. Learned Magistrate, vide impugned order
dated 14.02.2011 (Annexure P-1), has allowed the said application. In spite
thereof, the petitioners have approached this Court by way of instant
petition under Section 482 of the Code of Criminal Procedure (in short –
Cr.P.C.) for quashing order Annexure P-1 and for directing the learned
Crl. Misc. No. M-10137 of 2011 2
Magistrate to investigate the allegation of fabrication in the original paper-
book/complaint filed by the respondent herein.
I have heard learned counsel for the petitioners and perused the
case file.
It is alleged that in the original complaint `Gurnoor through her
mother’ has been added later on by fabrication. However, no such plea has
been taken in the amendment application (Annexure P-3) moved by the
petitioners herein, nor any such prayer was made before the Magistrate for
investigating the allegation of fabrication. It is thus apparent that the instant
petition is completely misconceived. The petition is accordingly dismissed.
However, the petitioner shall be at liberty to move the Magistrate for
appropriate relief in accordance with law.
July 22, 2011 ( L. N. MITTAL ) monika JUDGE