SANJEEV GUPTA Vs. RITU GUPTA

JUDGEMENT

(1.) The present petition is filed under Article 227 of the Constitution of India read with Sec. 482 of the Criminal Procedure Code, 1973 ('CrPC') challenging the order dtd. 28/2/2018 (hereafter 'impugned order dtd. 28/2/2018'), passed by the learned Additional Sessions Judge ('ASJ'), West District, Tis Hazari Courts, Delhi, in Criminal Appeal No. 58/2017.

(2.) The petitioner has also challenged the order dtd. 25/8/2017 (hereafter 'impugned order dtd. 25/8/2017'), in Case No. 4756/2017, whereby the learned Metropolitan Magistrate ('MM'), West District, Tis Hazari Courts, Delhi dismissed the petitioner's application under Sec. 340 of the CrPC read with Sec. 195 of the CrPC.

(3.) The brief facts of the case are that the respondent and the petitioner were married in the year 2012, whereafter, as per the petitioner, the respondent left the matrimonial home in less than two weeks after the marriage. In the year 2013, the respondent had instituted a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act') against the petitioner. The application filed by the respondent under Sec. 23 of the DV Act for interim relief was dismissed on 11/3/2016. The petition under Sec. 12 of the DV Act was also dismissed for non-prosecution and non-appearance at the stage of evidence on 24/6/2017.