ANAMIKA CHANDEL vs DR.NARESH CHANDEL

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:07.01.2025 + CRL.REV.P. 203/2017 ANAMIKA CHANDEL ..... Petitioner versus DR.NARESH CHANDEL ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. Dinesh Garg, Adv. For the Respondent : Mr. Baldev Singh, Mr. Divyansh Thakur & Mr. Rishabh Kr. Singh, Advs. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the judgment dated 19.07.2016 (hereafter ‘impugned judgment’), passed by the learned Additional Sessions Judge (‘ASJ’), West, Tis Hazari, Delhi in Criminal Appeal No. 54164/2016 titled as Naresh Chandel v. Anamika Chandel. 2. The learned ASJ, by the impugned judgment allowed the appeal under Section 29 of the Protection of Women from Domestic Violence Signature Not Verified Signed By:SANJAY KUMAR CRL.REV.P. 203/2017 Page 1 of 8 Signing Date:12.01.2025 18:16:50 Act, 2005 (‘DV Act’) filed by the respondent and set aside the order dated 20.06.2015 passed by the learned Metropolitan Magistrate (‘MM’), whereby the respondent’s application questioning the maintainability of the complaint under Section 12 of the DV Act was dismissed. 3. The learned ASJ while referring to the Friendship Agreement dated 13.04.2006 executed between the parties, that mentions that the respondent is married to one Mrs. Kavita and has one child out of the said wedlock and that the petitioner is married to one Mr. Vijay Kumar who is the brother of the respondent, held that a case under Section 12 of the DV Act is not made out as neither the petitioner was an aggrieved person in terms of Section 2(a) of the DV Act, nor was the relationship between the parties in the nature of marriage. 4. The brief facts of the case are as follows: 4.1. A complaint under Section 12 of the DV