Jammu & Kashmir High Court
Sohail Ahmed Bhat And Another vs Respondent(S) on 7 October, 2024
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Sr. No. 212
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM(M) No. 228/2024
CM No. 5868/2024
Sohail Ahmed Bhat and another .....Appellant(s)/Petitioner(s)
Through: Mr. Zulker Nain Sheikh, Advocate
Vs
..... Respondent(s)
Musarat Naz and another
Through:
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
07.10.2024
1. 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.
2. Heard learned counsel for the petitioners and perused the record.
3. 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
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.
4. 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.
5. 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
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
