NIRMAL JEET KAUR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-8-12
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on August 16,2012

NIRMAL JEET KAUR Appellant
VERSUS
STATE OF UTTARAKHAND,TRILOK SINGH,NIRANJAN KAUR W/O SADHU SINGH MAND Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the order dated 28.05.2010 passed by Additional Chief Judicial Magistrate II, Dehradun in Case no. 201 of 2010, whereby said court allowed an application 18-A moved by the respondent no. 2 and 3, and set aside ex-parte order dated 16.02.2010 on payment of costs of Rs.1,500/- to the petitioner. The petitioner has further challenged before this Court order dated 28.08.2010 passed by the appellate Court (Additional District Judge IV at Dehradun) in Criminal Appeal No. 45 of 2010, whereby said Court has afirmed the order passed by the Additional Chief Judicial Magistrate on 28.05.2010.
(3.) Brief facts of the Case are that the petitioner Nirmal Jeet Kaur got married to the respondent no. 2, Trilok Singh on 23.12.2005, and a son Master Harpreet SinghWalia @ Paras born out of the wedlock on 29.11.2007. Thereafter it appears that relations between the parties to matrimony got soured and the petitioner Nirmal Jeet Kaur moved an application under Section 12 read with Section 18, 19, 20, & 21 of Protection of Women from Domestic Violence Act-2005. In said Case learned Additional Chief Judicial Magistrate II Dehradun on reciept of report of Protection Officer relating to alleged cruelty, as an interim measure directed the respondent no. 2 Trilok Singh (Husband) and respondent no. 3 Niranjan Kaur (Mother-in-law of the petitioner) not to oust them from the house situated at Ram Nivas, Majara Opposite Hilton School,within the limits of Police Station Patel Nagar, Dehradun, till the pendency of the case. Said order was an ex-parte order. Thereafter the respondnents put up their appearance and moved an application on 18-A for setting aside ex-parte order dated 16.02.2010, and hear to matter on merits, with the pleading that the respondents had no knowledge of proceedings till 17.02.2012. The petitioner filed objection 26- C before trial Court against said application and after hearing the parties, the trial Court allowed application 18-A and set aside order dated 16.02.2010 on payment costs of Rs. 1,500/- to the petitioner. Agrieved by said order the petitioner filed Criminal Appeal, which is dismissed by learned Additional District Judge IV, Dehradun vide impugned order dated 28.08.2010. Hence this petition.;


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