JULFAN Vs. SHABNAM

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of Cr.P.C. for quashing and setting aside the order dtd. 17/1/2024, passed by learned Additional Principal Judge, Family Court District Sirmour, H.P. (learned Trial Court), vide which the defence of petitioner (respondent before learned Trial Court) was struck off in a case filed under Sec. 125 of Cr.P.C. bearing case No. 67 of 2022, titled Shabnam Vs. Julfan.

(2.) Learned counsel for the petitioner relied upon the judgment of the Division Bench of Allahabad High Court in Deepak vs Reena 2023: AHC:219268-DB to submit that the right of the appeal and revision provided under Sec. 19 of the Family Courts Act, 1984 are limited and do not extend to interlocutory orders. The aggrieved person has to file appropriate proceedings for challenging such orders. In the present case, the order passed by the learned Trial . Court is interlocutory and cannot be assailed under Sec. 19 of the Family Courts Act and the same had to be challenged by filing a petition under Sec. 482 of Cr.P.C.

(3.) I have given considerable thought to the submissions at the bar and have gone through the records carefully.