Delhi High Court - Orders
Karamjeet Singh & Ors vs The State Nct Of Delhi & Anr on 31 October, 2023
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7888/2023
KARAMJEET SINGH & ORS. ..... Petitioners
Through: Appearance not given.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Digam Singh Dagar, APP for
State.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 31.10.2023 CRL.M.A. 29453/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 7888/20233. The present petition has been filed under Section 482 CrPC read with provisions of Protection of Women from the Domestic Violence Act, 2005 against the impugned judgment dated 06.10.2023 passed in Crl. Appeal No. 106/2020 passed by the Court of ASJ-09, West District, Tis Hazari Courts, Delhi, whereby the appeal preferred by the petitioners against the order of the learned MM was dismissed.
4. The aforesaid appeal had been preferred against the order dated 23.07.2020 passed by the learned MM, Mahila Court, Delhi, whereby the application filed by the petitioners seeking dismissal of the application filed by the respondents under Section 12 of Protection of Women from the Domestic Violence Act, 2005 was dismissed.
5. The learned counsel for the petitioners invites the attention of the Court to the prayer clause of the application under Section 12 of Protection 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 04/11/2023 at 21:15:19 of Women from the Domestic Violence Act, 2005 to contend that no prayer has been sought against the present petitioners, who are the parents, brother and brother's wife of the husband of the respondent no.2.
6. He submits that the application under Section 12 of the D.V Act came to be filed only in September 2016, after the period of four years since the respondent no.2/wife had already separated on 19.02.2012.
7. He further submits that the respondent no.2/wife has taken an ex parte divorce in the year 2017.
8. He further submits that the parties are otherwise exploring the possibility of compromise before the Delhi High Court Mediation and Conciliation Centre and the next date fixed before the learned Mediator is 02.09.2023.
9. In view of the above, issue notice to the respondent no.2, by all permissible modes, returnable on 22.01.2024. CRL.M.A. 29452/2023 (stay)
10. Having regard to the aforesaid submissions made by the learned counsel for the petitioners, the proceedings before the learned Trial Court in respect of Criminal Complaint bearing no. 5552728/2016 titled as "Ravinder Kaur vs. Sandeep Singh and Others" are stayed till the next date.
11. List on 22.01.2024.
VIKAS MAHAJAN, J OCTOBER 31, 2023/dss 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 04/11/2023 at 21:15:19