Extracted from the PDF above. The PDF is authoritative.
Serial No. 05. Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CrlM(468/2025) IN CRM(M) 204/2025 CrlM(469/2025).
MUKHTAR AHMAD SHAH AND ORS.
…Petitioner(s)
Through: Mr. Mir Umar, Advocate.
VERSUS
SAFIA AMIN.
Through:
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 14.05.2025
01.
The petitioners have challenged Order dated 03.03.2025 passed by the learned Judicial Magistrate 1st Class (3rd Additional Munsiff) Srinagar whereby non-bailable warrants of arrest have been issued against him for not having paid the interim monetary compensation to the respondent.
02.
Learned counsel for the petitioners has submitted that the in terms of Section 20 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as D.V. Act) Magistrate has no jurisdiction to issue non- bailable warrants of arrest against a respondent who fails to make the payment of interim monetary compensation, as such, the impugned order is not in accordance with law. It is further being contended that the trial Magistrate without considering the objections of the petitioners and without finally deciding application under
Section 23 of the Domestic Violence Act on its merits, is proceeding to execute the order of interim compensation in favour of the respondent.
03.
Having regard to the limited nature of controversy involved in this case and having regard to the fact that the trial Magistrate has, without exploring the other modes of execution of order of monetary compensation, proceeded to issue non-bailable warrants of arrest against the petitioner. The petition can be
disposed of at this stage by extending appropriate directions to the learned trial Magistrate.
04. Accordingly, the impugned order dated 03.03.2025 to the extent of issuance of non-bailable warrants of arrest against the petitioners is set aside and the trial Magistrate is directed to decide the application of the respondent under Section 23 of the D.V Act by the respondent on its merits after taking into
consideration the objections filed by the petitioners most expeditiously preferably within a period fifteen days from the date a copy of this order is made available to the said court.
05.
Disposed of along with all connected CrlMs.
(Sanjay Dhar)
Judge
SRINAGAR 14.05.2025 Showkat Khan