NARGIS Vs. SHAKILUDDIN

JUDGEMENT

(1.) By way of present petition under Sec. 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.') the petitioner/wife seeks settingaside of judgement dtd. 26/5/2017 made by the learned Additional Sessions Judge in CRL.A. No. 345/2016, whereby the learned ASJ has been pleased to uphold judgement dtd. 15/11/2016 made by the learned Metropolitan Magistrate in CC No.46-V/2012 on a complaint made by the petitioner under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ('D.V. Act').

(2.) Notice on this petition was issued on 7/9/2017; whereupon respondent Nos. 1, 3 and 4 have filed their reply. Rejoinder thereto has also been filed in the matter. Counsel for the respondents submits that respondent No. 2/ father-in-law has since passed away.

(3.) Mr. Neeraj Bhardwaj, learned counsel appearing for the petitioner has sought to impugn judgement dtd. 26/5/2017 essentially on the basis that the learned ASJ has failed to appreciate that the petitioner had successfully shown that she was an 'aggrieved person' and that acts of violence had been committed upon her by the respondents. Counsel has taken the court through the impugned order, in particular assailing the inferences and conclusions drawn by the learned ASJ in paras 9, 10, 11 and 12 thereof.