The High Court of Judicature at Allahabad, Lucknow Bench, rejected an application under Section 482 Cr.P.C. challenging a Domestic Violence Act order passed over nine years ago, citing lack of explanation for the delay and laches.
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Neutral Citation No. - 2024:AHC-LKO:66197
Court No. - 11
Case :- APPLICATION U/S 482 No. - 8627 of 2024
Applicant :- Shiv Shankar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- S.K. Singhaniya Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
Under challenge is the order dated 20.07.2015 passed by the learned Special Judicial Magistrate (Custom), Lucknow in Suit No. 1617 of 2013 Inre; Smt. Soni Vs. Shiv Shankar and Ors under Section 12 of the Domestic Violence Act, a copy of which is annexure 1 to the application whereby the applicant no. 1 has been directed to pay an amount of Rs. 2,000/- to the respondent no. 2.
Contention of the learned counsel for the applicants is that the applicant no. 1 had already filed an application under Section 9 of the Hindu Marriage Act against the respondent no. 2 which has been decided vide order dated 31.03.2015. It is also contended that the respondent no. 2 has filed an application under Section 13 of the Hindu Marriage Act which is still pending for consideration.
From a perusal of record it emerges that the applicants have challenged the order of 20.07.2015 and that too after a period of more than nine years. No reasons emerge from a perusal of the petition explaining the aforesaid laches in challenging the said order.
Relevant aspect of the matter is that the learned trial Court vide its order dated 17.08.2019, a copy of which is annexure 5 to the petition had set aside the order dated 20.07.2015 (wrongly typed as order dated 20.08.2015 in the said order) on payment of Rs. 20,000/- as cost. The said setting aside was conditional and it is not the case of the applicants that the cost has been paid.
Considering the aforesaid more particularly when no reasons emerge as to why the order dated 20.07.2015 is sought to be challenged after a period of more than nine years even though the applicants were having knowledge of the said order as emerges from a perusal of the order dated 17.08.2019, consequently, no case for interference is made out. Accordingly, the application filed under Section 482 Cr.P.C is rejected on the ground of laches
Order Date :- 24.9.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. challenging a Domestic Violence Act order passed nearly nine years ago warrants interference in the absence of explanation for delay.
Whether the fact that the lower court had previously set aside the impugned order bars the applicants from challenging it again.
Shiv Shankar And Others
Abdul Moin
Satyendra Singh Pachhere
As recorded by the court registry
2 orders share this CNR
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