NANDITA SARKAR Vs. TILAK SARKAR

JUDGEMENT

(1.) This is an application U/s 482 read with Sec. 401 of the Code of Criminal Procedure 1973, preferred against a Judgment and Order dtd. 7/4/2018 passed by the Learned Additional Sessions Judge, First Track 1st Court Howrah, in criminal appeal no. 111 of 2015 and 116 of 2015 thereby setting aside the judgment and order of awarding monitory relief including compensation and other reliefs to the petitioner by the order dtd. 31/7/2015 passed by the Learned Judicial Magistrate 4th Court Howrah, in Misc case No. 269 of 2012 U/s 12 read with Sec. 18,20,22,23 of the Protection of Women from Domestic Violence Act 2005(PWDV Act).

(2.) The present petitioner is the widowed daughter-in-law of present opposite party Nos. 1 and 2. The petitioner filed an application U/s 12 read with Sec. - 18,20,22,23 of the Protection of Women from Domestic Violence Act 2005(PWDV Act) against the opposite party Nos. 1 and 2 before the Learned Jurisdictional Magistrate. The Magistrate awarded monitory relief including compensation in favour of the petitioner.

(3.) Learned Additional Sessions Judge, First Track 1st Court Howrah, heard both the appeals and passed a common judgment thereby set aside the judgment of the Magistrate for monitory relief towards the petitioner. Thereby, appeal preferred by opposite party was allowed and the appeal preferred by the petitioner was rejected. Hence, both this criminal revisional applications were preferred by the petitioner against the order of the Ld. Additional Judge, First Track 1st Court, Howrah.