The Division Bench dismissed a petition under Section 482 CrPC challenging an order restoring a DV petition against the respondent's wishes. The single-judge court held that the restoration was justified and no ground existed for interference.
Petition under Section 482 CrPC dismissed; pending applications disposed.
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NIDHI KASHYAP ..... Respondent
Through:
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
O R D E R % 05.04.2024 CRL.M.A. 10431/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 2740/2024 & CRL.M.A. 10430/2024
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 09/04/2024 at 12:37:23
petition on the basis of non-appearance on a single date. Considering the facts and circumstances, learned Appellate Court directed to restore the D.V. petition, subject to payment of cost of Rs. 10,000/- by the respondent to appellants.
There is no blemish in the order passed by the learned Appellate Court and for the cogent reasons, learned ASJ was duly satisfied with the explanation extended for non-appearance of respondent/counsel. It may be impressed upon that procedure is the handmaid of justice and is to come to the aid of justice rather than defeating it. Considering the facts and circumstances of the case, no grounds for interference in the impugned order are made out, since sufficient grounds have been shown by the respondent for restoration of proceedings.
Petition is accordingly dismissed. Pending applications, if any, also stand disposed of.
ANOOP KUMAR MENDIRATTA, J
APRIL 5, 2024/ akc
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 09/04/2024 at 12:37:23
1 issue framed by the court
Whether the High Court could interfere with the appellate court's order restoring a Domestic Violence petition.
1 provisions across 1 enactments
Gulshan Kumar
Nidhi Kashyap
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
