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2025 DAILYLAW 66755 (ALL)

BHARTI GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLR/2939/2025 · 2025-07-06

Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:106739 Court No. - 84 Case :- CRIMINAL REVISION No. - 2939 of 2025 Revisionist :- Bharti Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Yogesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned A.G.A for the State and perused the record. This criminal revision has been filed by the revisionist with a prayer to allow the present revision and set aside the order dated 20.05.2025 passed by learned Sessions Judge, Ghaziabad in Crl. Appeal No. 85 of 2025 (Bharti Gupta Vs. Vijay Kumar Gupta and others), under section 29 of Protection of Women From Domestic Violence Act, Police Station Indrapuram, District Ghaziabad. It is submitted by the learned counsel for the revisionist that in this case and order was passed under section 12 of Protection of Women From Domestic Violence Act on 17.03.2025 providing an alternate arrangement for accommodation on the place of shared-household as directed by learned trial court by order dated 02.01.2025 and Rs.10,000/- were directed to be paid to her by the opposite party No.2 as monthly rent. The revisionist filed an appeal against that order which was decided by the learned Appellate Court vide order dated 20.05.2025 with some modifications. Even though the opposite party No.2 is not providing any money to the revisionist as rent, therefore, request to direct the opposite party No.2 to provide money to her as directed. Till then the opposite party No.2 be directed to provide accommodation as directed by the learned trial court vide order dated 02.01.2025. Learned A.G.A opposed the prayer as aforesaid and contended that the learned trial court as well as learned appellate court has passed the orders dated 17.03.2025 and 20.05.2025 after duly considering the circumstances of the case and objection filed by opposite party No.2. There is no any illegality or impropriety in the said orders but this revision being devoid of merit is liable to be dismissed. On considering the facts and circumstances of the case, submissions made by the learned counsel for revisionist as well as learned A.G.A, perusal of record and the orders passed by the learned trial court and learned Appellate Court dated 02.01.2025, 17.03.2025 and 20.05.2025, it appears that on 02.01.2025 an exparte order was passed in favour of the revisionist regarding accommodation in shared-household of opposite party No.2/ the husband.An objection was moved on the part of opposite party No.2 before the learned trial court regarding difficulties in providing accommodation as directed. After considering the difficulties faced by opposite party no.2 the learned trial court modified the order dated 02.01.2025 and directed for providing Rs.10,000/- per month as rent for alternative accommodation. In appeal, learned appellate court also considered all these facts and for safeguarding the interest of both the parties directed the opposite party No.2 to make deposit of Rs.1,80,000/- before learned trial court to be kept in fixed deposit scheme in parts of Rs.20,000/- each renewable on time to time. The opposite party No.2 was also directed to file undertaking before the learned trial court to make regular payment of rent every month and in case he fails to make payment for a period of two month, the amount of rent shall be realized from the aforesaid fixed deposit amount. In considered opinion of this Court, there appears no any illegality or impropriety in the orders passed by learned trial court dated 02.01.2025, 17.03.2025 and by the learned appellant court dated 20.05.2025 but this revision being devoid of merit is liable to be dismissed. Accordingly, this revision is dismissed at the admission stage itself. Order Date :- 7.7.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad