The main legal point established in the judgment is the significance of the Protection of Women from Domestic Violence Act, 2005 in providing effective protection to women facing domestic violence, and the limitations of using inherent jurisdiction under Section 482 Cr.P.C. to reassess judgments of appellate courts.

JUDGMENT :

1. This application under Section 482 Cr.P.C. has been filed by Som Prakash Rawat @ Sanni and 4 Ors. against State of U.P. & Anr. with prayer for allowing this application and thereby quashing the order dated 16.04.2016 passed by learned Additional Chief Judicial Magistrate, Court No.4, Aligarh in Complaint Case No.584 of 2013 (Sarita vs. Som Prakash Rawat @ Sanni and Ors., under Sections 12, 18, 19, 21 and 22 and Protection of Women from Domestic Violence Act, 2005 of Police Station Sasani Gate, District Aligarh with order dated 24.06.2016 passed by learned Sessions Judge, Aligarh in Criminal Appeal No.81/2016 (Som Prakash Rawat @ Sanni Ors. vs. State of U.P. & Ors.) with a further prayer for staying effect of those two orders till disposal of this proceeding.

2. Learned counsel for the applicants argued that an application under Section 12, 18, 19, 21 and 22 of Protection of Women from Domestic Violence Act of Police Station Sasani Gate, District Aligarh was moved before the court of Additional Chief Judicial Magistrate by Sarita wife of Som Prakash Rawat @ Sanni with a prayer for grant of Stridhan, maintenance and residence in the house where her husband and in-laws were residing. Marriage in between, was performed on 18.11.2010 and Rs.7,00,000 were spent in this marriage by her father. Vipin Kumar gave a list of articles to be purchased at Agra by money to be given by her parents and this list was having mention of double bed, Sofa set, LED 32 inch T.V., A.C., Fridge, utensils, clothes, drawing table, dining table, dressing table, motor-cycle and others. Rupees 5 lakhs in cash was paid to Vipin Kumar, who is brother-in-law of her husband but only motor-cycle was shown at the time of engagement. Rest money for purchase of articles was said to be deposited at shops and after marriage those articles will be at their residence but after 15 days of marriage, those articles could not be there. The relationship became strained, accusation of torturing for demand of dowry and violence, in form of domestic violence, were said to be given to the applicant, then after, the ornaments and Stridhan were snatched by her in-laws and she was ousted from her house. She went to her parents, narrated the occurrence and made a complaint to police. Persuasion was made by in-laws and assurance for no further torture was made and the applicant was taken by her husband. Her husband was working in L.G. Service Centre at Badaun and was earning Rs.1,80,000/- per month. On the basis of compromise entered in between, she went to her in-laws house on 07.08.2012, she was taken at Ujhiani, Badaun and was residing in a rented portion. She lived there with her husband from 7.8.2012 to 10.9.2012, but relations were strained. Again she was sent to house of Aligarh and she was not taken by her husband. Again persuasion was made with her in-laws and her husband, father-in-law and Vipin Kumar came on 12.6.2013, then, demanded that unless the demand is being fulfilled, no 'Bidai' will take place. Thereafter, some hot talk and scuffled took place. Accused-persons abused her and an application under Protection of Women from Domestic Violence Act was moved on 13.6.2013, wherein, prayer was made for protection. Payment of Rs.5,00,000/- which was paid in the marriage with further maintenance of Rs.5,000/- per month. In addition to it, an accommodation for her at her in-laws house. This was objected by her husband. Marriage on 18.11.2010 was admitted fact but payment of dowry and earning as engineer in L.G. Company thereby earning Rs.80,000/- per month as salary was denied. He was with earning of Rs.5,200/- per month. Applicant never resided with him after 18.09.2011. Husband is an employee at L.G. Service Centre at Badaun. No physical relation was ever established by his wife and Magistrate after hearing both sides concluded with passing of judgment, whereby direction for payment of Rs.5,00,000/- within two month form the date of judgment, in lieu of, 'Stridh