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2023 Supreme(All) 905

IN THE HIGH COURT OF ALLAHABAD
RAM MANOHAR NARAYAN MISHRA, J.
Rohit Yadav @ Ravi and Others – Appellants
Versus
State of U.P. and Another – Respondents
Criminal Revision No. 731 of 2023
Decided On : 18-05-2023

Advocates:
Advocate Appeared:
For the Appellants : Yogesh Kumar Srivastava, Noor Muhammad.
For the Respondent: Kamlendra Singh Jadaun.

Headnote:

Indian Penal Code, 1860 – Sections 498-A, 342, 323, 504, 506, 164 – Criminal Procedure Code, 1973 – Section 482 – Protection of Women from Domestic Violence Act, 2005 – Sections 12/14/15/17/18/19/20/21/22 – Criminal revision – Refrain from harassing petitioner – Forced to leave her matrimonial home – Compensation – Dispossessing – Punishment for voluntarily causing hurt– Intentional insult with intent to provoke breach of the peace – Recording of confessions and statements – Held, Court does not find any illegality, irregularity, or in proprietary in the impugned judgments passed by court below which are under challenged before this Court – Impugned order shall be binding upon respondent nos. 1 to 3 and will be executable against them on application made by respondent no. 2 in this respect, however, it is made clear that observations made while deciding this revision are only for purpose of present revision and will not be any bearing on criminal case filed by complainant against revisionists – Ordered Accordingly.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. Present criminal revision has been preferred against order dated 8.1.2022 passed by learned Additional Sessions Judge, Court No. 9, Firozabad, in Crl. Appeal No. 51 of 2021 (Rohit Yadav @ Ravi vs. Smt. Deepika Yadav) as well as order dated 1.11.2021 passed by Nyayadhikari (Judicial Officer), Rural Court Tundla, District Firozabad, in Case No. 367 of 2020, under Sections 12/14/15/17/18/19/20/21/22 Protection of Women from Domestic Violence Act, P.S. Tundla, District Firozabad. By the impugned order dated 1.11.2021, learned Nyayadhikari/Judicial Magistrate allowed the petition under aforesaid sections filed by petitioner Smt. Deepika Yadav, ex-parte against present revisionists, who were respondent in Case No. 637 of 2020 before court of Nyayadhikari and directed them to pay Rs. 7,000/-as monetory compensation towards fooding, clothing, medical and daily needs of opposite party and her two minor daughters Ishanika and Joshika, aged around 7 years and 3 years respectively, from the time of filing of petition in the year 2020.

3. Learned court below also directed the respondents/revisionists to stay away from dispossessing the petitioners/opposite party from shared households where she was residing in a room and were also directed to refrain from harassing the petitioner/opposite party physically or mentally on account of any dispute over property of her late husband Sapan Yadav.

4. Factual matrix of the case which are essential for disposal of present criminal revision is that the Opposite Party No. 2 filed a petition before Nyayadhikari under various provisions of Protection of Women from Domestic Violence Act against the revisionists who are relatives of her late husband, with prayer for issuing necessary orders admissible under provisions of Act like protection order under Section 18, Right to Reside in the share households under Section 17, Monetory relief under Section 20, residence order under Section 19, Compensation order under Section 22 of the Act. In the petition petitioner had stated that her marriage with Sapan Singh was solemnized on 25.12.2010 and from their wedlock two female child born. Unfortunately her husband died on 18.9.2019. After death of her husband, respondents/revisionists who are mother-in-law, brother-in-law (dewar), sister-in-law (devrani), sister-in-law (nanand) and brother-in-law (nandoi) started harassing her. The relatives of her husband are persons of bad character. She has not been in a position to maintain herself. The respondents/revisionists started harassing her both physically and mentally in various ways. She was subjected to rape by respondent nos. 1 (Rohit) and 5 (Vipul Yadav), her brothers-in-law, with collusion of women of shared households and ultimately she was forced to leave her matrimonial home and consequently she was compelled to take shelter in her parental home situated at Anand Nagar, Tundla, Distrcit Firozabad. She filed present petition for above stated reliefs on 11.11.2020 before learned magistrate.

5. The appellants/respondents after service of notice appeared before the trial Court, but not filed objections/W.S. On 6.9.2021, appellants/respondents filed adjournment before lower Court and learned lower Court has allowed the adjournment and fix 07.09.2021 for W.S./objection. On 07.09.2021, appellants/respondents again filed the adjournment and the same was rejected by the lower Court and proceeded the case ex-parte against the appellants/respondents.

6. During the trial the applicant Deepika Yadav examined herself as PW1. After hearing the arguments, learned Magistrate has passed impugned order by allowing the petition against appellants.

7. Feeling aggrieved by the various protection order passed by learned Magistrate, present revisionist filed a Crl. Appeal No. 51 of 2019 before Court of Session, Firozabad on

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