Shivi Garg v. State of U.P & Anr.

Heard Sri Krishna Kumar Singh, learned counsel for the applicant and Sri Raj Bhadur Verma, learned A.G.A. for the State.

The instant application under Section 482 Cr.P.C. has been filed to direct the Civil Judge (J.D.)/F.T.C. (Crime Against Women) Moradabad to decide the Complaint Case No.15461 of 2019 (Smt. Shivi Garg Vs. Sachin Kumar Garg and others), under Sections 12 Domestic Violence Act, 2005, Police Station Majhola, District Moradabad within stipulated period as may be fixed by this Court.

Contention of counsel for the applicant is that the present case is pending since 2019 and till date it has not been decided. It is further submitted that as per Section 12 (5) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate shall endeavour to dispose of every application made under Sub-section (1) within a period of sixty days from the date of its first hearing. Therefore, direction may be issued to decide the case of the applicant within specific period of time.

Considering the aforesaid submissions and mandate of Section 12(4) and 12(5) of Protection of Women From Domestic Violence Act, 2005, the Civil Judge (J.D.)/F.T.C. (Crime Against Women) Moradabad is directed to conclude the proceeding of the aforesaid case expeditiously preferably within a period of next 60 days from the date of receipt of this order, in accordance with law.