HIGHCOURTOFCI-IHATnSGARH.BIl.ASPUR Criminal Miscelianeous PetitioriNo.499 of2008 PETmONERS RESPONDENT: Sunil Kumar Sjngh and others Versus Srnt. Neetu Singh Post for Drdnouncement of orderon 25th Auaust.2009 Sd/. T-P.Sliagna Judge ^. 11) :1 :i rt,.. ^;- HIGH GOURT Of: CHHATTISGftRH. BILASPUR Criminal Miseellaneous Petition No.499 of2008 RETltIONERS/: CNon-applicants) RESPONDENT/: (Applicant) 1. Sunll Kumar Singh, aged 34 yrs. 2. Anil Kumar Singh, aged 32 yrs. 3. Smt. Brijesh KumarSingh,aged65yrs. 1 & 2 sons and 3 wife of Shri M.L. Singh, all R/o Nirala Nagar, Near Bus Stand, Bilaspur,CG. ~~ Versus Smt. Neetu Singh, aged 30 yrs., W/o Shri Sunil Kumar Singh, D/o Shri S.S. Bargoti, R/o I.T.I. Campus, Koni, B1las[3yr, CG. •{Petition under Section 482: of the Code of Criminal Procedure, 1973} ^ ' ' . -i'.' ' . .'. . • • '. • .' '•••'••••"•...'•'•-' Present: Mr. Anurag Dayal Shrivastava, counsel for the petitioneFS. Mr. Rahul Birtharey, counsel for the respondent. SinaleBench: Hon'ble Mr. T.P. Sharma. 3 ORDER (Passed on 25th August, 2009) 1. This petition is directed against the order dated 8-8-2008 passed by the 6* Additional Sessions Judge, Bilaspur, in Crimlnal Appeal No.58/2008, affirming the order dated 24-6-2008 passed by the GMef Judicial Magistrate, Bilaspur, iri an unregistered criminal case filed on the basisof application under Section 12 of the Proteetion of Women from Domestic Viotence Acf, 2005 (forshort 'the Act') by the respondent. 2, The order is challenged on the ground that the presentrespondent has filed an application for maintenance under Section 26 of the Act before the Family Court and has also filed an applieatioh under Section 12 of the Act before the Chief Judicial Magistrate, Bilaspur, for the same reliefand parallel proceedings for thesame relief in two differentCourtsarenotpermissibleunderthelaw. 3. I tiave heard learned counsel for the parties, and perused the order .^impugned, copyofthe application, copy oftheorder passed in the ;first appeal and record of the Courts below. "L's?!@'^f^^ir^^^?;! ^' . .r^^'r'' 4. Brief facts leadihg to filing of this petition are that the respondent who is wife of petitioner No.l has filed FirstAppeal No. 108/2006 before the Division Bench ofthis Court in which it has been observed that the respondent may move an application under Section 26 of the Act. Thereafter, the present respondent has filedan application under Section 26 read with Sections 17, 18, 19, 20 & 22 of the Act and Section 7 of the Farnily CourtSAct, 1984 in which reliefof protection order, residence order, monetary relief and compensation has been claimed, The respondent has also filed an application under Section 12 of the Act before the Chief 3udicial Magistrate in which she has claimed reliefof protection order & compensation. 5. Learned counsel for th^ petitioners vehemently argued that the present respondent has filed two applications for same relief before two different Courts. and parallel proceedihg for saffie relief is not permissible underthe law. 6. On the other hgnd, learned counsel for the respondent opposed the petitionand submitted thatthe law itself technically permits parallel proceeding before different Courts for grant of relief. Thelaw does not debar from filing application under Section 12 ofthe Act before Ihe ClTlefJudicialMagistrateandapplication under SeGtion 26 of the Act before the Family Court. Therefore, the Court below has not committed any illegality causing prejudice to the present petitiohers. 7. The present respondent has filed an application under Section 26 read withSections 17, 18,19, 20 & 22 of the Act before the Family ; Coyrt and has filed an application under Section t2 of the Act befdre tbe Chief Judicial Magistrate. Section 26 of the Act reads as follows: "26. Relief in other suits and legal proceedings.—(l) Any relief available under Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a Civil Court, Family Court or a Criminal Court, affecting the aggrieved person and the respondent whether such proceeding was .initiated beforeor after the commencement of this Act. (2) Any relief referred to insub-section (1) may be sought form addition lo any along withjany bther relief that the aggrieved person mayse^k in such suit or legal proceeding before a Civil or •; CriminalCourt. . : (3) In ,case ahy relief has been obtained hy the aggrieved persoh in any proceedings other than a ^s^ ^lf^V^ s>'^>. "-* •Epga, ''< £C"':'' 1? 3 Soma 3 @ proceeding under this Act, she shall be bQund to inform the Magistrate of the grantof such relief." 8. In accordance with sub-section (1) of Section 26 of the Act, the respondent is competenf to file an application for any relief available underSections 18, 19, 20; 21 &22 of the Act before the Family Court. In accordance with sub-sectiQn (2) of Section 26 of the Act; any relief referred to in sub-section (1) may be claimed in addition to andalong with any other reliefthat the aggrieved person may seek in such suit before a Civihor Criminal Court. Sub-section (3) of Section 26 of the Act provides that in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant ofsuch celief. 9. The provisions of Section 2,6 of the Act are unambiguous and does not require any interpretation. The aggrieved under the Act may apply before the Family Court for relief which he may seek in addition to or along with the relief sought for in a suit or legal proceeding before a CiviF or Criminal Court. In the light of unarnbiguous provisions of Section 26 of the Act, the Court below has not committed any illegality or jrregularity warranting interference under Section 482 of the Cr.P.C. lO.Consequently, the petition is liable to be dismissed and it is hereby dismissed. r————__/ Sd/- T.P. Shaipia Judge } . . 1.^ S ^ .;. 1