Supreme Court – Daily Orders
Kamlesh Devi vs Jaipal on 4 October, 2019
SPECIAL LEAVE PETITION (CRIMINAL)….. Diary No(s).34053/2019
KAMLESH DEVI Petitioner(s)
VERSUS
JAIPAL & ORS. Respondent(s)
CORAM :
HON’BLE MS. JUSTICE INDIRA BANERJEE
HON’BLE MR. JUSTICE M.R. SHAH
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
This special leave petition is directed against an order dated 16th September, 2016 passed by the High Court of Punjab & Haryana at Chandigarh, dismissing Criminal Revision No.609/2015, filed by the petitioner under Section Signature Not Verified 401 of the Criminal Procedure Code. Digitally signed by SARITA PUROHIT Date: 2019.10.05 12:43:43 IST Reason:
By a judgment dated 22nd October, 2012 the Judicial Magistrate (First Class) dismissed a complaint filed by the petitioner under the provisions of the Protection of Women from Domestic Violence Act, 2005.
An appeal filed by the petitioner against the said judgment and order has been dismissed. The revisional application filed by the petitioner under section 401 of the Criminal Procedure Code for quashing the appellate order of the Sessions Judge and the judgment and order of the Judicial Magistrate (First Class) has been dismissed by the order impugned in the special leave petition.
The High Court has rightly found in effect that the ingredients of domestic violence are wholly absent in this case. The petitioner and the respondents are not persons living together in a shared household. There is a vague allegation that the respondents are family members. There is not a whisper of the respondents with the petitioner. They appear to be neighbours.
The special leave petition is dismissed. Pending applications shall stand disposed of.
(BeenaJolly) (Sarita Purohit)
Branch Officer AR-cum-PS
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