CM(M) No. 228 of 2024 · High Court of Jammu & Kashmir and Ladakh
Case at a glance
- Bench
- RAJNESH OSWAL
Provisions considered
Key paragraphs
- Para 55. In view of the law laid down by the Hon’ble Supreme Court in the judgment supra, the present petition is found to be misconceived. The same is dismissed. (RAJNESH OSWAL) JUDGE Jammu 07.10.2024 Neha-II NEHA KUMARI 2024.10.09 17:05 I attest to the accuracy and…
Judgment
Through: Mr. Zulker Nain Sheikh, Advocate Vs Musarat Naz and another Through: .…. Respondent(s) Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 07.10.2024
The petitioners through the medium of this petition filed under Article 227 of the Constitution of India have sought quashing of order dated
30.09.2024 passed by the court of learned 2nd Additional Sessions Judge, Jammu in an appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005 titled as ‘Sohail Ahmed Bhat & Anr. Vs. Musarat Naz & Anr.’, whereby the appeal preferred by the petitioners against order dated 15.03.2024 passed by the court of learned City Judge, Jammu allowing the application filed by the respondents for amendment of the application filed by them under the Act (supra), was dismissed. Heard learned counsel for the petitioners and perused the record. The record depicts that an application was filed by the respondents seeking permission of the court of learned City Judge, Jammu to amend the application filed by them under Section 12 of Domestic Violence Act. The said application came to be objected by the petitioners by asserting
2 CM(M) No. 228/2024 that there is no enabling provision under the Code of Criminal Procedure which provides for amendment of the criminal complaint. After hearing the learned counsel for the parties, the learned City Judge, Jammu vide order dated 15.03.2024 allowed the said application for amendment of the application filed by the respondents under Section 12 of the Protection of Women from Domestic Violence Act. The said order was assailed by the petitioners through the medium of appeal which came to be dismissed by the learned Appellate court vide order dated 30.09.2024.
A perusal of the order dated 15.03.2024 reveals that the learned City Judge, Jammu has placed reliance upon the judgment of the Hon’ble Supreme Court in case titled as ‘Kunapareddy Vs. Kunapareddy Swarna Kumari’ (2016) 11 SCC 774 for the purpose of allowing the application for amendment of an application filed by the respondents under Section 12 of the Protection of Women from Domestic Violence Act. There is no force in the contention raised by the petitioners that there is no enabling provision under the Code of Criminal Procedure which provides for amendment of the criminal complaint as the proceedings under Domestic Violence Act are not criminal in nature.
In view of the law laid down by the Hon’ble Supreme Court in the judgment supra, the present petition is found to be misconceived. The same is dismissed. (RAJNESH OSWAL) JUDGE Jammu 07.10.2024 Neha-II NEHA KUMARI 2024.10.09 17:05 I attest to the accuracy and integrity of this document Whether the order is speaking: Whether the order is reportable: Yes/No Yes/No
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.