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Kamlesh Devi v. Jaipal and Ors.

Domestic Violence Complaint Not Maintainable If The Parties Are Not Living Together In A Shared House Hold: Supreme Court of India

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Karan Gupta
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1K views2 pages

Kamlesh Devi v. Jaipal and Ors.

Domestic Violence Complaint Not Maintainable If The Parties Are Not Living Together In A Shared House Hold: Supreme Court of India

Uploaded by

Karan Gupta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1

ITEM NO.29 COURT NO.16 SECTION II-B

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CRIMINAL)..... Diary No(s).34053/2019

(Arising out of impugned final judgment and order dated 16-09-2016


in CRLR No.609/2015 passed by the High Court Of Punjab & Haryana At
Chandigarh)

KAMLESH DEVI Petitioner(s)

VERSUS

JAIPAL & ORS. Respondent(s)


(With appln.(s) for c/delay in filing SLP & exemption from
filing O.T.)

Date : 04-10-2019 This petition was called on for hearing today.

CORAM :
HON'BLE MS. JUSTICE INDIRA BANERJEE
HON'BLE MR. JUSTICE M.R. SHAH

For Petitioner(s) Mr. Anurag Pandey,AOR


Ms. Reena Pandey,Adv.
Ms. Pushpa Kishore,Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following


O R D E R

Delay condoned.

This special leave petition is directed against an

order dated 16th September, 2016 passed by the High Court

of Punjab & Haryana at Chandigarh, dismissing Criminal

Revision No.609/2015, filed by the petitioner under Section


Signature Not Verified

401 of the Criminal Procedure Code.


Digitally signed by
SARITA PUROHIT
Date: 2019.10.05
12:43:43 IST
Reason:

By a judgment dated 22nd October, 2012 the Judicial

Magistrate (First Class) dismissed a complaint filed by the


2

petitioner under the provisions of the Protection of Women

from Domestic Violence Act, 2005.

An appeal filed by the petitioner against the said

judgment and order has been dismissed. The revisional

application filed by the petitioner under Section 401 of

the Criminal Procedure Code for quashing the appellate

order of the Sessions Judge and the judgment and order of

the Judicial Magistrate (First Class) has been dismissed by

the order impugned in the special leave petition.

The High Court has rightly found in effect that the

ingredients of domestic violence are wholly absent in this

case. The petitioner and the respondents are not persons

living together in a shared household. There is a vague

allegation that the respondents are family members. There

is not a whisper of the respondents with the petitioner.

They appear to be neighbours.

The special leave petition is dismissed. Pending

applications shall stand disposed of.

(Beena Jolly) (Sarita Purohit)


Branch Officer AR-cum-PS

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