HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1063/2017

Arvind Gupta S/o Shri Omprakash Gupta B/c Mahajan, R/o G-59,

Surya Nagar, Alwar, Police Station Neb, Alwar, At Present R/o

Delhi Road, Near Surya Nagar, Bhim Nagar, Alwar.

----Petitioner

Versus

1.

State Of Rajasthan Through P.p.

2.

Smt. Bhawana Gupta W/o Shri Arvind Gupta, D/o Shri

Sitaram Gupta B/c Mahajan, R/o Gulab Bagh, Behind

Manav Ashram, Alwar.

----Respondents

For Petitioner(s)

:

Mr. Biri Singh Sinsinwar, Sr. Advocate

with Mr. Jaswant Singh Rathore

For Respondent(s)

:

Mr. Prakash Thakuriya, PP for State

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

11/09/2018

Learned senior counsel for the petitioner has submitted that

he will be satisfied in case direction is issued to the Court of

Judicial Magistrate No.2, Alwar to decide the petition filed by

respondent No.2 under the provisions of Protection of Women

from Domestic Violence Act, within a stipulated period.

I find merit in the alternative submission made by learned

senior counsel for the petitioner.

Hence, present petition is disposed of by issuing a direction

to the Court of Judicial Magistrate No.2, Alwar, to decide Criminal

Case No.01/85/2014, titled Smt. Bhawna Gupta v. Arvind Gupta &

Ors., within a period of four months after affording three effective

opportunities to both the parties to lead their respective evidence.

(2 of 2)

[CRLMP-1063/2017]

Liberty is also granted to the petitioner to file an application

before the Court of Magistrate that the amount awarded by the

Family Court be set off against the amount awarded by the Court

of Magistrate in the proceedings under the Protection of Women

from Domestic Violance Act.

(KANWALJIT SINGH AHLUWALIA),J

Govind/