SHRADDHA SUMIT FOGLA Vs. NARAYANPRASAD BHAGWANDAS FOGLA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.

(2.) In this petition filed under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, challenge is to the judgment and order dtd. 15/2/2022, passed by the Additional Sessions Judge, Akol, whereby the learned Judge allowed the appeal bearing Criminal Appeal No. 33/2021 filed under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the D.V. Act" for short) by respondent nos.1 to 4 (original appellant nos.2 to 5) and thereby dismissed the D.V.Act case being Misc. Criminal Application No. 336/2015 filed against them.

(3.) The facts are as follows : In this judgment the parties would be referred by their nomenclature in the application filed in the Court of the Chief Judicial Magistrate under the D.V. Act. The petitioner is the applicant. Respondent nos.1 to 4 are the non-applicant nos.2 to 5. The nonapplicant no.1, against whom the proceeding is pending as on today, is the husband of the applicant. The applicant and non-applicant no.1 got married in May,2005 at Akola. Non-applicant nos.2 and 3 are the inlaws of the applicant. Non-applicant no.4 is the brother of nonapplicant no.1 and non-applicant no.5 is the wife of non-applicant no.4. Non-applicant no.1 is working as a Doctor in Beaumont Hospital, Michigan (America). After the marriage, on 15/9/2005, the applicant went to the United States of America (USA) to cohabit with her husband. The applicant and non-applicant no.1 resided together in America for almost nine years. They had been visiting India occasionally. The dispute arose between the applicant and nonapplicant no.1. The applicant, therefore, finally came down to India with her daughter Shreeya in the year 2015 and took shelter with her father at Akola.