YASHPAL Vs. MUKESH

JUDGEMENT

(1.) The instant petition has been filed on behalf of the petitioner under Sec. 482 of the Code of Criminal Procedure,1973 ("Cr.P.C.') seeking setting aside of order dtd. 6/1/2020 passed by learned Additional Sessions Judge/Special Judge (NDPS), Dwarka Courts, New Delhi ("learned ASJ') in Criminal Appeal No. 411/2019, and for setting aside order dtd. 3/4/2019 passed by learned Metropolitan Magistrate, Mahila Court, Dwarka, New Delhi ("learned Magistrate') in CC No. 4989228/2016 titled as 'Mukesh and Ors v. Yashpal and Anr.', filed under Sec. 12 of the Protection of Women From Domestic Violence Act, 2005 ("DV Act").

(2.) Brief facts of the present case are that marriage of petitioner and respondent no. 1 was solemnized on 15/2/1997 in Delhi. As per respondent no. 1, the petitioner and his family members had started taunting and beating respondent no. 1 for bringing insufficient dowry. Thereafter, the relations between the parties had turned sour and ultimately, the respondent no. 1 had got an FIR bearing no. 37/2001 registered at Police Station Jaffarpur Kalan against the petitioner and his father under Ss. 498A/406 of IPC. Vide order dtd. 6/1/2014, the accused persons were acquitted in the said case, appeal against which was also dismissed in the year 2017 and the revision petition against it is pending before this Court. The respondent no. 1 had also filed a complaint case bearing no. 526/2002 under Sec. 494 of IPC against the petitioner on the allegations that he had got married to one lady 'X', but the petitioner had been acquitted vide order dtd. 7/9/2010 by the Court of Judicial Magistrate, First Class, Sonipat, Haryana. Further, during the pendency of aforesaid cases, the respondent no. 1 had filed the present complaint dtd. 5/6/2014 under Sec. 12 of DV Act before the learned Magistrate. The learned Magistrate had passed the impugned order dtd. 3/4/2019 whereby directions were given to SHO, P.S. Jaffarpur Kalan to visit the house of petitioner alongwith complainant/respondent no. 1, and to file a report whether any other lady is living in the house and whether she has children with petitioner. Thereafter, on 6/1/2020, learned ASJ had dismissed the criminal appeal filed by petitioner herein vide impugned order dtd. 6/1/2020 and had upheld the order of learned Magistrate.

(3.) Aggrieved by the orders passed by learned Magistrate and learned ASJ, the present petition has been filed by the petitioner.