SQN LDR PRABHAKAR BHATT & ORS vs MAJ ANNU LAMBA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 27th February, 2025 + W.P.(CRL) 3356/2017 & CRL.M.A. 19728/2017 1. SQN LDR PRABHAKAR BHATT S/o Ghanshyam Bhatt .....Appellant No.1 2. SH. GHANSHYAM BHATT .....Appellant No.2 3. SMT. PUSHPA BHATT ....Appellant No.3 W/o Sh. Ghanshyam Bhatt All Resident of:- 3/1B, Shivkuti, Govindpur Teliarganj, Allahabad, Uttar Pradesh-211004 Through: Mr. Himanshu Gupta, Advocate through VC versus MAJ. ANNU LAMBA, W/o Sqn. Ldr. Prabhakar Bhatt, D/o Sh. Rajbir Lamba, R/o 202, Army Aviation Sqn. (UH), Bathinda Cantt., Punjab-151004 ....Respondent Through: Mr. Akshay Chowdhary & Ms. Sonali Madaan, Advocates. Respondent present through VC JUDGMENT NEENA BANSAL KRISHNA, J. Signature Not Verified Digitally Signed W.P. (CRL) 3356/2017 Page 1 of 16 By:VIKAS ARORA Signing Date:27.02.2025 16:33:16 1. The Writ Petition under Article 226 and 227 of the Constitution of India has been filed for quashing of Complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter „D.V. Act‟), pending before the Court of learned M.M. 2. Briefly stated, Petitioner No.1/Sqn. Ldr. Prabhakar Bhatt was married to Respondent/Major Annu Lamba while Petitioner No.2 and 3, Sh, Ghanshyam Bhatt and Smt. Pushpa Bhatt, are the parents of Prabhakar Bhatt. 3. Petitioner No.1 got married to the Respondent on 26.11.2011 according to Hindu Customs and Rites. Thereafter, they lived together in the matrimonial home in Allahabad for about one month. Thereafter, both of them resided at the place of their postings. Petitioner claimed that he and Respondent never ever resided together at Delhi despite which the Petition has been filed in Delhi. 4. The quashing of the Petition under the D.V. Act is sought on the ground that the Court in Delh