DHAIN DASS Vs. NOKHI DEVI

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed for setting aside, quashing judgment dated 9.1.2012 passed by learned Sessions Judge, Kullu in Criminal Appeal No.1 of 2011, affirming order dated 15.12.2010 passed by learned Chief Judicial Magistrate, Kullu in Complaint No.309-I/2010.

(2.) The facts in brief are that respondent had filed a complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short Act) against petitioner claiming her to be the wife of respondent. The petitioner for the last one year had physically and mentally tortured the respondent. A complaint was made to the Gram Panchayat where a compromise was affected but petitioner was turned out from matrimonial home in January, 2010.

(3.) The learned Chief Judicial Magistrate allowed the petition. The petitioner was directed to provide suitable accommodation for the residence of respondent under Section 20 of the Act. The respondent was held entitled to Rs. 20,000/- on account of physical and mental harassment, Rs. 10,000/- for food and clothing and another Rs. 10,000/- for house hold expenses, total amounting to Rs. 40,000/-. The petitioner filed appeal which was dismissed by learned Sessions Judge on 9.1.2012.