PRASANNA BADINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision has been preferred by the Revisionists under Ss. 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, assailing the judgment and order dtd. 4/7/2025 passed by the learned First Additional Sessions Judge, Kashipur, District UdhamSingh Nagar in Criminal Appeal No. 128 of 2024, whereby the appeal filed by the present Revisionists against the summoning order dtd. 5/6/2024 passed by the learned Judicial Magistrate, Kashipur, in Miscellaneous Criminal Case No. 260 of 2024 under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005, came to be dismissed. By the impugned orders, the learned courts below have upheld the issuance of notice against the Revisionists, who are the aged parents-in-law and sister-in-law of Respondent No. 2. Aggrieved by the continuation of the proceedings, the Revisionists have approached this Court invoking its revisional jurisdiction.

(2.) The factual matrix, in brief, is that Respondent No. 2 was married to the son of Revisionist Nos. 1 and 2. From the said wedlock, no biological child was born and, as claimed by Respondent No. 2, a girl child, Respondent No. 3, was adopted in the year 2018. The husband of Respondent No. 2 expired in the year 2019. It is the case of the Revisionists that Respondent No. 2 had been residing separately from the Revisionists since the year 2010 and, after the death of her husband, permanently severed her ties with the shared household.

(3.) After a considerable lapse of time, Respondent No. 2 instituted proceedings under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 before the learned Judicial Magistrate, Kashipur, seeking reliefs against the present Revisionists. Upon presentation of the said application, the learned Magistrate, by order dtd. 5/6/2024, issued summons to the Revisionists.