Delhi High Court - Orders
Col Tapash Kumar Chaterjee (Retd) vs Smt Bhramar Chaterjee on 29 January, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 432/2021
COL TAPASH KUMAR CHATERJEE (RETD) .....Petitioner
Through: Petitioner in person.
versus
SMT BHRAMAR CHATERJEE .....Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.01.2025 CRL.M.A. 6755/2022, CRL.M.A. 5857/2024, CRL.M.A. 950/2024
1. The present case was disposed of as withdrawn by order dated 17th December, 20211. The Court, while disposing of the matter, declined to interfere with the cost imposed on the Petitioner by an order dated 31st July, 20212, of the Principal District & Sessions Judge (South West), Dwarka Courts, New Delhi3, in Criminal Appeal No. 37/2020. The Court further observed that a shared household is sine qua non of a petition under the Protection of Women from Domestic Violence Act, 20054, and if it found that there was no shared household at all, then the Trial Court may pass an appropriate order while adjusting equities.
2. Taking note of the fact that litigation between the parties was pending since 2015, before various forums, the Court deemed it appropriate to pass a direction to the Trial Court, for an expeditious disposal of the application 1 "the dismissal order"
2"the impugned order"3
"the Trial Court"4
"PWDV Act"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 21:21:04 under PWDV Act, preferably within one month from the date of the order. The relevant portion of the aforesaid order, reads as follows:
"4. It is contended by the learned counsel for the petitioner that the parties have settled the matter before the Counselling Cell, Family Court, Dwarka Courts and the respondent/wife was trying to get over the settlement entered into between the parties. The learned Counsel for the petitioner states that the issue as to whether the petitioners have been living in a shared household or not is to be seen first before directions can be issued.
5. When confronted with the fact that the issue as to whether the petitioner and the respondent were having a shared household is a question of fact which can be decided only after evidence is led and the petitioner cannot have a piecemeal recording of evidence, the learned counsel for the petitioner seeks permission to withdraw the present petition.
6. This Court is also not inclined to interfere with the cost imposed on the petitioner for the simple reason that an order making costs easy would entail issuing notice to the respondent No.2 which this Court is not inclined to do at this juncture.
7. Needless to stated that since shared household is a sine qua non of a petition under the Protection of Women from Domestic Violence Act, 2005 and if it is found that there was no shared household at all then it is for the learned Trial Court to pass appropriate orders while adjusting equities.
8. In view of the fact that the parties are litigating since 2015 in various forums, the Trial Court is requested to dispose of the application filed under the Protection of Women from Domestic Violence Act, 2005 as expeditiously as possible preferably within one month.
9. With these observations the petition is disposed of as withdrawn along with the pending applications."
3. Thereafter, the Petitioner filed Criminal Miscellaneous Application No. 6755/2020, under Section 482 of CrPC, seeking implementation of the present Court's order dated 17th December, 2021.
4. It is further noted that the Petitioner has, since, filed multiple applications, i.e., Criminal Miscellaneous Application No. 950/2024 and Criminal Miscellaneous Application No. 5857/2024, seeking similar prayers. In the opinion of this Court, these applications are misconceived, as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 21:21:04 the Court has already issued directions to the Trial Court for expeditious adjudication of the application under the PWDV Act. However, since the Trial Court has concluded the proceedings despite substantial lapse of time, it is directed that Trial Court shall dispose of the proceedings under the PWDV Act, positively within four months from today. With the aforenoted direction, the present applications are disposed of.
5. The Court has not expressed any opinion on the merits of the case. All rights and contentions of parties are left open.
6. Copy of the order be sent to Trial Court for information and compliance.
SANJEEV NARULA, J JANUARY 29, 2025/d.negi This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 21:21:08