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2025 DAILYLAW 11137 (UTT)

AKSHT JOSHI v. PRATIBHA JOSHI

CRLR/626/2024 · 2025-10-07

Ashish Naithani

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CRLR No. 626 of 2024 Hon’ble Ashish Naithani, J. Mr. Sagar Kothari, learned counsel for the Revisionist. 2. Mr. Deepak Sharma, learned counsel for the Respondents. 3. Today, the matter is listed for pronouncement of the judgment reserved on 25.08.2025. 4. While dictating the operative portion of the reserved judgment, Mr. Sagar Kothari, learned counsel for the Revisionist, makes a submission that during the period when the judgment was reserved, the Revisionist unfortunately passed away on 17.09.2025. In support of his submission, he has produced the death certificate before this Court. 5. Let the death certificate of the Revisionist be taken on record. 6. It is well settled that in criminal proceedings of a personal nature, the cause of action does not survive to the legal representatives of a deceased party. Although Section 394 of the Code of Criminal Procedure, 1973 expressly provides for abatement of criminal appeals upon the death of the accused, the same principle applies mutatis mutandis to criminal revisions as well, since the right to prosecute or defend such proceedings is inextricably linked to the personal status of the accused or revisionist. 7. In the present case, the subject matter pertains exclusively to interim maintenance under the Domestic Violence Act, which is a personal obligation and not one transmissible to the legal heirs. Consequently, with the demise of the Revisionist, the lis itself has become infructuous and no cause survives for further adjudication. 8. Accordingly, this Criminal Revision stands abated. 9. The record be consigned to the record room. (Ashish Naithani, J.) 07.10.2025 SB SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.10.09 16:15:00 +05'30'