- (1.) The present case arises out of an application under Section 482 of the Code of Criminal Procedure read with Section 401 of the Code of Criminal Procedure, 1973.
(2.) It is directed against the Order dated 30.4.2011 passed by the learned Additional District & Sessions Judge, 8th Fast Track Court, Calcutta in Criminal Appeal Case No. 13 of 2011 affirming the order dated 24.9.2010 passed by the learned Metropolitan Magistrate, 14th Court, Calcutta in Complaint Case No. 263 of 2011 under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The relevant facts of the present case are, in a nutshell, as follows: The wife/O. P. No. 1 herein as petitioner/aggrieved person initiated a case under Section 12 of Protection of Woman from Domestic Violence Act, 2005 against her husband and mother-in-law praying for Residence orders, Monetary reliefs and Compensation orders as per the provisions of Sections 19, 20 and 22 of the said Act. The said case was registered as complaint case No. 263 of 2010. In the said complaint case, the learned Metropolitan Magistrate, 14th Court, Calcutta by his order dated 24.9.2010 allowed the prayer of the wife/aggrieved person and the husband/O. P. /petitioner herein was directed to pay a sum of Rs. 50,000/- as compensation. He (the husband) was also directed to pay Rs. 2000/- p. m. and Rs. 1000/- p. m. respectively as monetary relief and as rent for alternative accommodation respectively.
(3.) Being aggrieved by the said order, the petitioner herein filed criminal appeal under Section 29 of the said Act which was registered as Criminal Appeal Case No. 13 of 2011. The learned Additional District & Sessions Judge, 8th Fast Track Court, Calcutta dismissed the said appeal and affirmed the order dated 24.9.2011 passed by the learned Metropolitan Magistrate, 14th Court, Calcutta in Complaint Case No. 263 of 2011.;