Man Kanwar Chauhan W/O Late ... vs State Of Rajasthan
2021 Latest Caselaw 7040 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 7824/2021

Man Kanwar Chauhan W/o Late Shankar Singh Chauhan, R/o A-
27, Neel Kanth Vihar-B, Dhawas Road, Ajmer Road, Jaipur.
                                                                     ----Petitioner
                                    Versus
1.      State Of Rajasthan, Through Its Secretary Department Of
        Home Affairs, Government Secretariat, Jaipur.
2.      Superintendent Of Police, District Jaipur (West).
3.      S.h.o Police Station Karni Vihar, District Jaipur.
4.      Vikram Singh Chauhan S/o Late Shankar Singh Chauhan,
        R/o A-27, Neel Kanth Vihar-B, Dhawas Road, Ajmer Road,
        Jaipur.
5.      Nikita Kanwar W/o Vikram Singh Chauhan D/o Bhagwan
        Singh Shekhawat, A-27, Neel Kanth Vihar-B, Dhawas
        Road, Ajmer Road, Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Anil Kumar Jain For Respondent(s) : Mr. Shyam Prakash Sharma, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

30/11/2021

1. Petitioner has preferred this misc. petition seeking

protection from respondents no. 4 & 5 who happens to be the son

and daughter-in-law of petitioner.

2. It is contended by counsel for the petitioner that petitioner is

living in her own house with her son and daughter-in-law and

respondents no. 4 and 5 always try to fight with the petitioner.

3. Learned Public Prosecutor has opposed the misc. petition. It

is contended that Protection of Women from Domestic Violence

(2 of 2) [CRLMP-7824/2021]

Act, 2005(hereinafter called as the 'Act') has been enacted and

the relief that the petitioners want to claim can be claimed under

the Act.

4. I have considered the contentions.

5. As per Section 18 of the Act, the Magistrate after giving the

aggrieved person and the respondent an opportunity of being

heard and on being prima facie satisfied that domestic violence

has taken place or is likely to take place, pass a protection order

in favour of the aggrieved person. Also, under Section 19 of the

Act, a residence order can be passed in favour of the aggrieved

person. The relief that the petitioners want to claim can be

claimed under Sections 18 and 19 of the Act, hence, I am not

inclined to entertain the misc. petition.

6. However, taking note of the fact that petitioners are

apprehending threat from respondents no. 4 & 5, respondent No.3

is directed to ensure that no harm is caused to the petitioner.

However, it is made clear that the protection order shall remain in

force for a period of two months from today.

7. In the meantime, petitioner would be free to move

application under the Act, before the concerned Magistrate for

appropriate orders.

8. Misc. petition stands disposed. Stay application stands

disposed.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /131

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