KIRAN JYOT MAINI Vs. ANISH PRAMOD PATEL

JUDGEMENT

(1.) By way of this petition filed under Article 227 of Constitution of India and Sec. 482 of Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner-wife seeks appropriate directions in Ct. Case Nos. 691 of 2022 and Case No. 882 of 2022 pending before learned Metropolitan Magistrate (Mahila Court)-01, Tis Hazari Courts, Central, New Delhi. The petitioner prays for following reliefs:

(2.) Facts of the present case are that the marriage between the petitioner-wife and respondent-husband was solemnized on 30/4/2015 and subsequently, an FIR bearing no. 34/2016 was registered on the complaint of petitioner at Police Station Mahila Thana, Gautam Buddh Nagar, U.P. under Ss. 498A/323/504 of Indian Penal Code, 1860 and Ss. 3/4 of Dowry Prohibition Act, 1961. Thereafter, the respondent had filed a Criminal Miscellaneous Writ Petition before the High Court of Allahabad for stay on arrest and quashing of the FIR. Pursuant to the same, on 6/5/2016, the High Court of Allahabad had passed the order by way of which the matter was referred to mediation and an order of stay of arrest of respondent was passed. However, on 22/9/2016, the High Court of Allahabad had dismissed the writ petition due to lack of merits. Thereafter, the petitioner had filed an Application No. 4622 of 2016 under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ('PWDV Act') before the learned Judicial Magistrate, Gautam Budh Nagar, wherein an application seeking interim maintenance had also been filed by her under Sec. 23 of the Act. The learned Judicial Magistrate vide order dtd. 10/5/2018 had directed the respondent to pay interim maintenance of Rs.35,000.00 (Rupees Thirty-Five Thousand Only) to the petitioner. Against the said order, appeals had been preferred by both the parties and the learned Additional Sessions Judge, Gautam Budh Nagar vide order dtd. 1/2/2019, had modified the order dtd. 10/5/2018 and had directed the respondent to pay Rs.45,000.00 per month to the petitioner as well as Rs.55,000.00 per month to the daughter. Aggrieved by these orders granting interim maintenance, the respondent had preferred an Application bearing No. 12860/2019 under Sec. 482 of Cr.P.C. before the High Court of Allahabad and the matter was again referred to mediation vide order dtd. 9/4/2019 and the counsel for the petitioner at that time had given an undertaking that during the course of mediation, they will not initiate any action against the respondent. However, the mediation between the parties had failed on 6/7/2019.Subsequently, the petitioner had preferred a Criminal Application No. 41/2019 under Sec. 31(1) of PWDV Act against the respondent for non-compliance of order dtd. 1/2/2019 i.e. for non-payment of interim maintenance and summons were issued by the Court of learned Additional Civil Judge, Third, Gautam Budh Nagar, but these summons were challenged by the respondent before High Court of Allahabad vide Application No. 33533/2019 under Sec. 482 of Cr.P.C. and the summons were stayed vide order dtd. 16/9/2019 till next date of hearing.

(3.) Vide order dtd. 13/12/2019, the High Court of Allahabad had directed expeditious disposal of application filed by the petitioner under Sec. 12 of PWDV Act which was pending before learned Judicial Magistrate as there was no stay of proceedings. Thereafter, the respondent had ultimately preferred transfer petitions before the Hon'ble Supreme Court seeking transfer of all criminal cases and complaints filed by the petitioner-wife as well as applications filed by him under Sec. 482 of Cr.P.C. before High Court of Allahabad, to the Courts in Delhi. The Hon'ble Supreme Court vide order dtd. 6/11/2020 had referred the matter to Supreme Court Mediation Centre and thereafter had also allowed transfer petitions vide order dtd. 13/8/2021 by transferring all the cases to Tis Hazari Court, Delhi, except applications under Sec. 482 of Cr.P.C. which were pending before the High Court of Allahabad since the prayer in this regard was not pressed. After the cases were transferred to Delhi, they were registered on 2/4/2022, and while Case No. 41/2019 was registered at Delhi as Case No. 882/2022, Case No. 4622/2016 was registered as Case No. 691/2022. On 4/4/2022, notices were issued to both the parties by the concerned Court at Tis Hazari. Further, the Mahila Court, Delhi vide order dtd. 15/9/2022 had sought clarification regarding stay on Criminal Case No. 882/2022, i.e. original Case No. 41/2019 filed under Sec. 31(1) of PWDV Act, by the High Court of Allahabad. On 14/3/2023, the High Court of Allahabad vide two separate orders dtd. 14/3/2023 had dismissed the applications filed by the respondent under Sec. 482 Cr.P.C. being Application No. 33533/2019 and Application No. 12860/2019 as infructuous on the statement made by his counsel.