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2017 Supreme(HP) 323

SANDEEP SHARMA
Anil Kumar – Appellant
Versus
Shashi Bala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ajay Sharma
For the Respondents: Mr. Adarsh K. Vashishta, Mr. Parveen Chandel

Judgement Key Points

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JUDGMENT :

Sandeep Sharma, J.

Delinked from FAO(HMA) No. 205 of 2011.

2. Instant petition filed under Section 482 CrPC is directed against judgment dated 4.12.2010 passed by Additional Sessions Judge, Fast Track Court, Hamirpur in Criminal Appeal No. 30 of 2009, reversing judgment dated 24.3.2009 passed by Judicial Magistrate 1st Class, Court No. III, Hamirpur in Domestic Violence Complaint No. 2-1 of 2009, whereby application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter, ‘Act’), having been filed by respondent No.1-complainant (‘complainant’, hereafter), came to be dismissed.

3. Briefly stated the facts as emerge from the record are that the complainant preferred an application under Section 12 of the Act alleging therein that she was married to appellant-Anil Kumar as per Hindu rites and customary ceremonies on 17.6.2003 and two children were born out of said wedlock. Complainant further averred that she was turned out by her in-laws. Complainant further claimed that after being ousted from the house, she remained in her parents’ house for eight months and came back on 22.11.2008, when her father-in-law did not allow her to enter the house



















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