Disposed

Vijay Chaurasiya and Ors. v. Preeti Chaurasiya

Delhi HC5 Jan 2024CRL.M.C./455/2023

Case brief

AI extract

What is this about?

The single judge disposed of a Section 482 Cr.P.C. petition seeking stay of a lower court order regarding domestic violence proceedings. The High Court directed petitioners to file a written statement and income affidavit within one week as a last opportunity, imposing costs of Rs.10,000/-.

What did the court decide?

Petition disposed of; directed to file written statement and income affidavit within one week; costs of Rs.10,000/- payable to respondent.

Vijay Chaurasiya and Ors. Vs Preeti Chaurasiya — Dowry and Cruelty | Delhi HC (2024)

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 455/2023 VIJAY CHAURASIYA AND ORS ..... Petitioners Through: Mr. Abhinav, Advocate

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versus

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PREETI CHAURASIYA ..... Respondent Through: Mr. M.K. Saroja, Advocate

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CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 05.01.2024

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By way of present petition filed under Section 482 Cr.P.C., the petitioners seek setting aside of the order dated 28.11.2022 passed in CRL.A. 178/22.

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Learned counsel for the petitioners submits that the present case arises out of the proceedings filed by the respondent under Section 12 of Protection of Women from Domestic Violence Act titled as ‘Smt. Preeti Chaurasiya & Anr. v. Sh. Vijay Chaurasiya & Ors.’ pending before Tis Hazari Court, Delhi.

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Briefly, the facts are that the petitioners’ defence was struck off by the learned Trial Court on 19.05.2022 against which an appeal was preferred. While disposing of the appeal, vide order dated 03.11.2022, the petitioners were granted opportunity to file the written statement as well as accompanied documents within one week subject to payment of cost of Rs.2,000/-. The petitioners claim that the written statement could not be

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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 06/05/2024 at 15:48:46

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filed in the time granted as petitioner No.1’s mother got injured in a fire incident, to which she later succumbed.

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Learned counsel for the petitioners submits that one last opportunity may be granted to file the same as the written statement as well as income affidavit are ready and the same would be filed within one week.

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Learned counsel for the respondent has resisted the prayer however states that some costs be imposed on the petitioners.

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In view of the above, the present petition is disposed of with direction to the petitioners to file the written statement as well as income affidavit, as a last opportunity, subject to payment of costs of Rs.10,000/- to be paid to respondent within a period of one weeks from today.

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MANOJ KUMAR OHRI, J

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JANUARY 5, 2024 na

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This is a digitally signed order.

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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 06/05/2024 at 15:48:46

Vijay Chaurasiya and Ors. v. Preeti Chaurasiya

Case brief

What is this about?

What did the court decide?

Vijay Chaurasiya and Ors. v. Preeti Chaurasiya

Case brief

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