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2022 Supreme(Chh) 459

DEEPAK KUMAR TIWARI
Vibhuti Bhushan Acharya S/o Late Rajivlochan Acharya – Appellant
Versus
Kavita Prashant Acharya W/o Prashant Acharya – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Ms. Reena Singh, Advocate.

ORDER :

1. This Revision has been preferred against the order dated 18.11.2022 passed by the Additional Sessions Judge, Durg, District in Criminal Appeal No.100/2022, whereby the preliminary objection raised by the Applicants herein, who are Father-in-law, brother-in-law (devar) and mother-in-law respectively of the Non-Applicant/Complainant regarding non-maintainability of the Petition filed by the Non-Applicant under Section 12 of the Act of Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act of 2005’) has been dismissed.

2. Brief facts of the case are that the Non-Applicant had filed an application under Section 12 of ‘the Act of 2005’ before the JMFC, Durg seeking direction to return her stridhan along with suitable compensation. It is alleged that Applicant No.2 is having 100% permanent disability of blindness and a copy of the disability certificate has also been annexed in support of this Revision and the Applicants are facing trial under Section 498-A IPC, which is pending before the Court of JMFC, Durg. It is further alleged that the Applicants are living separately and earlier, a compromise took place between the parties during the counseling, therefore

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