LATA CHAUDHARY Vs. PUSHPENDRA SINGH AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision petition has been filed by the petitioner-complainant under Section 397 read with Section 401 Cr.P.C. against the order dated 07.01.2013 passed by learned Additional Sessions Judge, No. 4, Bharatpur(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 13/2012, whereby learned Appellate Court has allowed the appeal filed by the respondents and set aside the order dated 30.05.2011 passed by Additional Chief Judicial Magistrate No. 2, Bharatpur (hereinafter referred to as 'the Trial Court') in Criminal Case No. 108/2010.

(3.) Brief facts giving rise to the present revision petition are that the marriage of the petitioner was solemnized with Respondent No. 1 on 28.01.2008 at Mathura. Thereafter, the petitioner resided with Respondent No. 1 at Agra and then, she resided with Respondent No. 1 at Gurgaon(Haryana). Thereafter, the petitioner submitted a complaint against the respondents under Section 12 of the Protection of Women from Domestic Violence Act, 2005(hereinafter referred to as 'the Act of 2005') in the Trial Court narrating the sequences of events and cruelty committed with her. After considering the facts, learned Trial Court summoned the respondents, who put in their appearance. Then the respondents moved an application on dated 26.02.2011 raising preliminary objections and prayed that the complaint be dismissed. After hearing the arguments advanced by the parties, learned Trial Court rejected the preliminary objections raised by the respondents vide order dated 30.05.2011. Against the said order, the respondents preferred a criminal appeal before the learned Sessions Judge, Bharatpur, which came to be heard by the Appellate Court and the same was dismissed vide order dated 18.10.2011. Thereafter, the respondents preferred a revision petition before this Court challenging the aforesaid order passed by the Appellate Court, which was disposed of by Co-ordinate Bench of this Court vide order dated 04.07.2012, relevant portion of the order dated 04.07.2012 reads as under: