Court dismissed an application under Section 482 CrPC to quash orders under the Domestic Violence Act, accepting the learned AGA's point that an appeal under Section 29 was the efficacious remedy.
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Court No. - 79
Case :- APPLICATION U/S 482 No. - 4979 of 2021
Applicant :- Mohd. Islam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State respondent and perused the record.
The present application under Section 482 of the Criminal Procedure Code has been filed for following relief:
"To quash the orders dated 21.01.2020 and 11.8.2016 passed by Additional Chief Judicial Magistrate, Court No.5, Aligarh in Case No. 2898 of 2015 (Fahmida Parveen vs. Islam Khan and others) under Section 12, 18, 19, 20 and 22 Domestic Violence Act, P.S. Sasnigate, District Aligarh as well as quash the order dated 11.8.2016 passed by Court of Additional Chief Judicial Magisyrate, Court No.5, Aligarh in Case No. 2898 of 2015 (Fahmida Parveen vs. Islam Khan and others), under Section 12, 18, 19, 20 and 22 Domestic Violence Act, P.S. Sasnigate, District Aligarh."
Sri Nikhil Chaturvedi, learned AGA has raised a preliminary objection and submits that against the order challenged in this application, the applicant has remedy of filing an appeal under Section 29 of the protection of Women from Domestic Violence Act. Hence, the application is not maintainable and is liable to be dismissed.
Heard learned counsel for the parties.
Section 29 of the Protection of Women from Domestic Violence Act, 2005 provides as under:
"29. Appeal.- There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later."
Section 29 of the Act shows that an appeal lies before the Sessions Judge against the orders passed by the Magistrate, therefore, this Court is of the considered view that preliminary objection raised by learned counsel for the opposite party merit acceptance and accordingly accepted.
In view of the above, this Court is not inclined to interfere in the present application. Hence, the instant application is dismissed on the ground of availability of an alternative and efficacious remedy of appeal.
Order Date :- 12.3.2021 S.S.
1 issue framed by the court
Whether an application under Section 482 of CrPC is maintainable when a remedy of appeal under Section 29 of the Protection of Women from Domestic Violence Act exists.
2 provisions across 2 enactments
Mohd. Islam
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
