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2022 Supreme(Online)(DEL) 2102
HIGH COURT OF DELHI
SH PRADEEP KUMAR SHARMA – Appellant
Versus
SMT DEEPIKA SHARMA – Respondent
CRL.REV.P.-417/2021
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25th February, 2022 Pronounced on: 13th April, 2022 + CRL.REV.P. 417/2021, CRL.M.A. 19829/2021 &
CRL. M.A.86/2022 SH PRADEEP KUMAR SHARMA ..... Petitioner Through: Ms. Annu Narula, Mr. Vishal Singh Mr. Ravi Kumar and Mr.
Shiva Chauhan, Advocates versus SMT DEEPIKA SHARMA ..... Respondent Through: Mr. M. Shamikh, Advocate CORAM:
HON’BLE MR. JUSTICE CHANDRA DHARI SINGH
J U D G M E N T
CHANDRA DHARI SINGH, J.
1. The instant criminal revision petition has been preferred by the petitioner under Section 397/ 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) seeking setting aside of order and judgment dated 31st July, 2020 passed by the learned Additional Principal Judge, Family Court, Tis Hazari Courts, Delhi in CC No. 6834/2016 (MT No. 800/2014).
BRIEF BACKGROUND
2. The instant petition has been filed in the aftermath of matrimonial discord between the parties and the brief background of the same is discussed hereinunder:-
a. The marriage between the petitioner and the respondent was solemnized on 9th April, 2000 according to Hindu rites and ceremonies and two children were born out of the wedlock.
b. Due to several disputes amongst the parties, several criminal and civil cases, complaints and FIRs were filed by both the parties against each other. The following table indicates some of the cases filed and the fate during the course of the disposal.
Sr. No.
Case No.
Filed By
Purpose for Filing
Present status
1.
C.C. No. 6834/2016.
Respondent For
maintenance under Section 125 Cr.P.C.
Allowed by impugned order dated 31.07.2020.
2.
In C. C. No. 6834/2016
Respondent For interim
maintenance.
Rejected vide order 15.05.2012 however, granted Rs. 6,000/- to minor son.
3.
C.C. No. 60/2010.
Respondent Filed under the Domestic Violence Act, 2005 (hereinafter
Withdrawn on 14.07.2010.
“DV Act”) alleging that the petitioner is suffering from Venereal Disease.
4.
Matrimonial Case No. 11/2011.
Petitioner
For decree of divorce.
On 01.03.2017, the marriage stood annulled by decree of divorce.
5.
N/A
Respondent & her mother
Complaint of theft of jewellery against the petitioner.
As per the statement of the mother the jewellery was in her possession.
6.
Complaint before Additional Director General BSF
Respondent N/A
Resolved by an undertaking of the respondent.
7.
F.I.R No. 157/06
Respondent Under
Section 498A/406/323 of the Indian Penal Code,
The Superintendent filed closure report and
1860 (hereinafter "IPC")
recommended for filing case under Section 211 of IPC against the respondent.
8.
Civil Misc. Case No. 04/2007
Petitioner
For dissolution of marriage by a decree of divorce.
Withdrawn in order to give his marriage a second chance.
9.
C.C. 312/2017
Respondent Filed under
Section 18/19/22 of the DV Act as a counter for Civil Misc. Case No. 04/2007 (filed by the petitioner)
Withdrawn
10.
C.C. No. 60/2010
Respondent Filed under
Section 18/19/20/21 of the DV Act.
Dismissed as withdrawn. Vide order dated 14.07.2010.
11.
FIR 271/2010
Petitioner
For theft of his wallet. (Rs. 1,10,000/- were withdrawn by the respondent as shown in the CCTV footage)
Crl. Trial No.1769/2010 was registered under Section 380, 417 and 419 IPC and the respondent was granted bail vide order dated 16.07.2010. Respondent was acquitted.
12.
Complaint No. PK/PF/Misc./SHQ. AZL/2011/04
Petitioner
Complaint before Child Welfare Committee, Aizawl filed against the respondent as she thrashed her daughter.
Custody of daughter was granted to the petitioner as the respondent was inflicting emotional mental and physical abuse.
13.
C.C. No. 04/2012
Respondent Against the
petitioner. His father and
Dismissed by Metropolitan Magistrate on
brother under Section 18/19/20/21 of D.V. Act.
account of non-
