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2022 Supreme(Cal) 1209

SUBHENDU SAMANTA
Nandita Sarkar – Appellant
Versus
Tilak Sarkar – Respondent


Advocates appeared:
Subir Banerjee, Advocate, Sandip Bandyopadhyay, Advocate, Ruxmini Basu Roy, Advocate, Manjit Sing, Advocate, G.Sing, Advocate, Abhisekh Bagal, Advocate, Biswajit Mal, Advocate, R.K. Sing, Advocate

JUDGMENT

Subhendu Samanta, J. - This is an application U/s 482 read with Section 401 of the Code of Criminal Procedure 1973, preferred against a Judgment and Order dated 07.04.2018 passed by the Learned Additional Sessions Judge, First Track 1st Court Howrah, in criminal appeal no. 111 of 2015 and 116 of 2015 thereby setting aside the judgment and order of awarding monitory relief including compensation and other reliefs to the petitioner by the order dated 31.07.2015 passed by the Learned Judicial Magistrate 4th Court Howrah, in Misc case No. 269 of 2012 U/s 12 read with Section 18,20,22,23 of the Protection of Women from Domestic Violence Act 2005(PWDV Act).

2. The present petitioner is the widowed daughter-in-law of present opposite party Nos. 1 and 2. The petitioner filed an application U/s 12 read with Section- 18,20,22,23 of the Protection of Women from Domestic Violence Act 2005(PWDV Act) against the opposite party Nos. 1 and 2 before the Learned Jurisdictional Magistrate. The Magistrate awarded monitory relief including compensation in favour of the petitioner.

3. Opposite parties preferred an appeal before the Learned Sessions Judge for setting aside the award; the petitioner

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