SUSHILA DEVI MITTAL & ORS vs SHIKHA GARG

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: February 27, 2025 Pronounced on: May 14, 2025 + CRL.M.C. 1000/2018 & Crl.M.A. 3634/2018 (Stay) 1. SUSHILA DEVI MITTAL BD-57, Vishakha Enclave, Pitampura, Delhi-110034 .....Petitioner No.1 2. AMIT MITTAL BD-57, Vishakha Enclave, Pitampura, Delhi-110034 .....Petitioner No. 2 Through: Mr. Amit Gupta, Ms.Muskan Nagpal, Mr.Kshitij Vaibhav & Mr.H.S.Mahapatra, Advocates Versus SHIKHA GARG R/o, Flat no.-601, Tower no.31, CWG Village, Near Akshardham Temple, Delhi- 110092 .....Respondent Through: Mr. Avadh Bihari Kaushik, Advocate CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. Signature Not Verified Signed By:VIKAS ARORA CRL.M.C. 1000/2018 Page 1 of 9 Signing Date:14.05.2025 18:27:37 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), has been filed on behalf of the Petitioners seeking quashing of Domestic Violence Complaint Case No. 4219/2017 dated 30.11.2017, filed by the Respondent-Complainant-Smt. Shikha Garg, under Section 12 read with Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “DV Act”) and all proceedings emanating therefrom. 2. Briefly stated, Respondent-Complainant-Smt. Shikha Garg, married to Sh. Ajit Mittal, son of Petitioner No. 1-Smt Sushila Devi and brother of Petitioner No.2-Sh. Amit Mittal on 26.02.2002 at New Delhi. After her marriage, the Respondent/Complainant-Smt. Shikha Garg resided with her Husband-Sh. Ajit Mittal and his family members at Property bearing No.1, Sri Nagar Extension, Ashok Vihar, Phase-3, Delhi. 3. From this wedlock, a daughter was born on 12.05.2003 and a son was born on 06.05.2007. 4. Soon after their wedding, diff