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High Court of Punjab and HaryanaCRR(F)/248/2024disposed of

Ricky v. Kajal

2024-04-01Ms. Justice Nidhi Gupta2 pages

2024:PHHC:042707 CRR(F)-248-2024 (O & M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Revision (F) No.248 of 2024 Date of decision :-01.04.2024 Ricky .....Petitioner

Versus

Kajal .....Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Nikhil Mittal, Advocate for the petitioner.

NIDHI GUPTA J. (Oral) 1.

Prayer in this petition is for setting aside the impugned order dated 21.12.2023 passed by the learned Family Court, Yamuna Nagar at Jagadhri, whereby in a petition filed under Section 125 Cr.P.C. by the respondent herein, the application moved by the petitioner herein for setting aside the order dated 28.2.2023 whereby he was proceeded against ex-parte, has been dismissed. 2.

Perusal of the record reveals that the petitioner/husband was proceeded against ex-parte vide order dated 28.2.2023. He challenged the said order by filing an application only on 08.12.2023, i.e., almost ten months thereafter. Learned Family Court, Yamuna Nagar at Jagadhri dismissed the said application on the ground that the petitioner-Ricky intentionally delayed the proceedings by not filing written statement/reply despite availing 8/9 effective opportunities. It was further noticed that after VIJAY ASIJA 2024.04.02 18.58 I attest to the accuracy and integrity of this document

2024:PHHC:042707 CRR(F)-248-2024 (O & M) 28.2.2023, the petitioner had put in appearance in two more pending cases (one under the DV Act; and the other in State case), but had failed to appear in the present case.

3.

At the very outset, learned counsel submits that the impugned order dated 21.12.2023 be set aside and one effective opportunity may be granted to the petitioner to file written statement in the aforementioned petition under Section 125 Cr.P.C., as grave injustice will be caused to him if he is not permitted to do so. 4.

After hearing learned counsel for the petitioner, issuance of notice of motion is dispensed with at this stage, as it will only cause further delay in disposal of the case. Accordingly, in the interest of justice, as also keeping in view the above facts as canvassed by ld. Counsel for the petitioner, this petition is allowed and impugned order dated 21.12.2023 passed by the Principal Judge, Family Court, Yamuna Nagar at Jagadhri, is set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioner herein to file the written statement/reply, however subject to payment of Rs.10,000/- as costs to the respondent herein. 5.

Disposed of.

6.

Pending application(s), if any, stands disposed of. April 01, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No VIJAY ASIJA 2024.04.02 18.58 I attest to the accuracy and integrity of this document