MONIKA RATHOR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 5.12.2011, passed by Sessions Judge, Dehradun, in Criminal Appeal No. 110 of 2011, Jagdish Singh vs. State of Uttarakhand.

(3.) Brief facts of the case, are that, the present petitioner Smt. Monika Rathor appears to have moved a petition under Protection of Women from Domestic Violence Act, 2005, before Additional Judicial Magistrate, Rishikesh. In said case the order was passed by the Magistrate not only for interim maintenance to be paid by the husband, but also the petitioner shall not be dispossessed from the shared house. It further appears from the papers on record that Jagdish Singh (father in law of the petitioner) filed Criminal Appeal No. 110 of 2011 under section 29 of the Act, challenging the order of the Magistrate. The appellate court while admitting the appeal, stayed operation of the order dated 21.11.2011, in its entirety, passed by the Magistrate.