BEFORE THE HON’BLE COURT OF SH.

NAROTTAM KAUSHAL,
PRINCIPAL DISTRICT &SESSION JUDGE, (SOUTH) NEW DELHI.

(CRIMINAL APPEAL No. _________ of 2023)

(Arising out of Complaint No. 1152/2022, P.S.: Sangam Vihar,

Under Section 12 of D.V. Act)

MEMO OF PARTIES

Kalpana Jha,
W/o Shri. Kuldeeep Jha,
R/o Gali No. 3, Sardarpur Colony,
Near R.K. Public School,
Noida, GB Nagar (UP). ...Appellant.

Versus

1. Smt. Rani Kumari @ Rai Thakur,

D/o Sachidanand Jha,
R/o K-2, 1123, Sangam Vihar,
New Delhi-110062.

2. Sh. Vikas Thakur,

S/o Sh. Nand Kishore Thakur.

3. Nand Kishore Thakur,

S/o Krishna Chandra Thakur,

4. Smt. Laxmi Devi,

W/o Sh. Nand Kishore Thakur,

5. Prakash Kumar Thakuar,

S/o Sh. Nand Kishore Thakur,

Respondents no. 2 to 5
 R/o
C-77/8, Gali No. 2.
Prahlad Vihar, Sector-25,
Rohini, Delhi-110085.

(Respondents No. 2 to 5 are Performa Respondents)

…Respondents.

Delhi. Appellant.
Dated:25.02.2023
Through

Ratnakar Maltiyar, Advocate.

BEFORE THE HON’BLE COURT OF SH. NAROTTAM KAUSHAL,
PRINCIPAL DISTRICT &SESSION JUDGE, (SOUTH) NEW DELHI.

(CRIMINAL APPEAL No. _________ of 2023)

Kalpana Jha. ...Appellant.

Versus

Rani Kumari @ Rai Thakur & Ors. …Respondents.

APPEAL UNDER SECTION 29 OF THE PROTECTION OF

WOMEN FORM DOMESTIC VIOLENCE FOR SETTING ASIDE
THE IMPUGNED ORDER DATED 02.08.2022 PASSED BY MS.
RASHI RAHEJA, MM, DELHI, IN COMPLAINT NO. 1152/2022
PS. SANGAM VIHAR, U/S 12OF PROTECTION OF WOMEN
FORM DOMESTIC VIOLENCE TITLED RANI KUMAR & RANI
THAKUR VS. VIKAS THAKUR AND OTHERS.

Complaint No. 1152/2022.

U/s-12 of DV. Act.
P.S.: Sangam Vihar.
MOST RESPECTFULLY SHOWETH:

BRIEF FACTS OF THE CASE:-

A. That the complainant filed a false and frivolous case bearing

Complaint no. 1152/2022 under section 12 of the DV against
Vikash Thakur and his relatives i.e. Father, Mother, Younger
brother, and married sister namely Smt. Kalpana Jha. The married
sister of the Vikash Thakur, is appellant herein. The complainant
has made absolutely false, frivolous and baseless allegations
 against the appellant. True copy of the said complaint is annexed
herewith and Marked as Annexure-P-1.

b. That vide order dated 02.08.2022 the appellant and her other
relatives were summoned by the ld. MM. The family member of
the appellant have received the summons of the complaint only on
14.10.2022. True copy of the said order dated 02.08.2022 is
annexed herewith and Marked as Annexure-P-2.

c. That the counsel for the appellant has applied for the certified copy
of the order dated 02.08.2022 on 11.11.2022 vide receipt no. 13439
but the certified copy is not supplied till date. T0he counsel
thereafter inspected the judicial file no 10.02.2023 and noted down
the impugned order.

Being aggrieved by the said impugned order dated

02.08.2022 of the ld. MM, Delhi, the appellants are invoking the
jurisdiction vested in this Hon'ble Court by preferring this appeal
for interfering/setting aside and quashing the said impugned order,
in the aforesaid case in the interest of justice. The appellants state
and submit that the impugned order passed by the ld. MM, Delhi,
is liable to be set aside on interalia the following

GROUNDS

1. Because the impugned order is bad in law and betrays non-

application of mind to relevant facts of the case.
2. Because the respondent no.1 has malafiedly sated that there is a
troubled married life of the appellant and she is mostly lives with
the other respondents. In fact the appellant is happily residing with
her husband and children who are studing in class VI and IV
respectively at the above said house. It is further summitted that the
kids of the appellant are studying in R.S.S. International School,
Sardarpur Chhalera, Sector-45, Noida, UP. The copy of the identity
card issued by the school to the kids of the appellant is annexed
herewith and marked as Annexure-P-3. (Cooly). It is further
submitted that the husband of the appellant is working in SMS
Exports, B-10, Sector-83, Noida, UP.

3. Because it is submitted that the appellant/Respondent no.5 ( in

Complaint) has no interference in the matrimonial life of the
complainant and the appellant has been falsely implicated in the
complaint with a sole motive to harass her and make her undergo
prolong litigations without any involvement on her part. It is
pertinent to mention here that the appellant is in no condition to
commit domestic violence act as alleged by the complainant, as the
appellant is residing at Noida, UP. It is proved that there is no
domestic relationship of the appellant with the
complainant/respondent no.1.
4. Because the respondent no.1 had intentionally and with oblique
motive given the address of the appellant as the same address of
her husband that too without mentioning that the appellant is a
married sister.
5. Because the there is no specific allegation as to how the relatives of
the husband i.e. appellant had caused acts of domestic violence and
hence, the proceedings initiated by appellant are not sustainable in
the eyes of law. The appellant relies upon the judgment of the
Hon'ble Apex Court Shyamlal Devda and Others vs Parimala,
(2020)3 SCC 14.

5. Because the Hon’ble Punjab and Haryana High Court in case titled
Anoop and Others vs Vani Shree, 2015 (2) RCR (Criminal) 989,
has been pleased to held that the law of domestic violence is being
misused so as to terrorize the husband, their families and distant
relatives and thus phenomenon has now acquired the name of
'Legal Terrorism'.

6. Because the Hon'ble Supreme Court in case title Geeta Mehrotra

and Another vs State of U.P. and Another, (2012)10 SCC 741, has
been pleased to held that a fact borne out of experience, cannot be
overlooked that there is a tendency to involve the entire family
members in domestic quarrel taking place in the matrimonial
disputes.

7. Because there is no question of any domestic violence or any

demand of dowry ever arises and all the allegations are frivolous
and concocted just to give shape to the present false complaint.
Allegations made in the said complaint case are vague and for this
reason no offence of any sort has been made out against the
appellants.
8. Because in the complaint filed by the complainant before the ld.
MM the respondent no. 5/ appellant is not a necessary party in the
complaint and they is liable to be discharged from this case.

9. Because the protection of women from domestic violence act, 2005

is meant for genuine suffers and not for misusers thereof. The
complainant is one of the such misusers of law and thus an abuse
of process of law and as much the complainant is not entitled either
to invoke the provisions of the Act or any relief (s) claimed there in
against the respondent no.1 /appellant as she has never resided with
the complainant in a single shared house. Hence the present
complaint against the applicant is not maintainable as per the
provision of the Domestic Violence Act.

10. Because there is no prima facie case made out by the complainant
against the respondent no. 5/appellant and have no cause of action
to file the present complaint u/s 12 of protection of women from
domestic violence Act, 2005 against petitioners.

11. Because there has been no occasion for the complaint to even
apprehend an act of domestic violence at the hands of the
appellants and the present complaint is an abuse of process of law.

12. Because the impugned order suffers from material errors of law.
The impugned order is non-speaking order and no reason has been
assigned to the summoning the appellants.

13. Because the impugned order is grossly erroneous and has resulted
into gross miscarriage of justice.
14. Because the impugned order is based upon conjectures and
surmises.

15. The appellant craves leave to address and argue more and further
arguments at the time of the hearings of the present appeal.

16. The appeal is made bonafide and in the interest of justice. The
appellant craves leave to add, amend, alter the averments,
submissions and grounds herein, if advised.

17. That the appellant has not filed any similar petition or proceedings
before any court against the impugned order dated 02.08.2022 of
the ld. MM.

18. That there is no legal bar to admit and allow the present appeal.

PRAYER

It is therefore, most respectfully prayed that this Hon'ble

Court may graciously be pleased to:

a) admit and allow the present revision and Set aside the
IMPUGNED ORDER DATED 02.08.2022 PASSED BY MS.
RASHI RAHEJA, MM, DELHI, IN COMPLAINT NO.
1152/2022 PS. SANGAM VIHAR, U/S 12 OF PROTECTION
OF WOMEN FORM DOMESTIC VIOLENCE TITLED
RANI KUMAR & RANI THAKUR VS. VIKAS THAKUR
AND OTHERS and consequently the complaint may be
dismissed qua the appellant herein, in the interest of justice;
 b) To pass any order(s) as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case in favour of
the appellant.

Delhi. Appellant
Dated:25.02.2023 through

Ratnakar Maltiyar, Advocate.

BEFORE THE HON’BLE COURT OF SH. NAROTTAM KAUSHAL,
PRINCIPAL DISTRICT &SESSION JUDGE, (SOUTH) NEW DELHI.

(CRIMINAL APPEAL No. _________ of 2023)

Kalpana Jha. ...Appellant.

Versus

Rani Kumari @ Rai Thakur & Ors. …Respondents.

AFFIDAVIT

I, Kalpana Jha, W/o Sh. Kudeep Jha, R/o Gali No. 3, Sardarpur Colony,
Near R.K. Public School, Noida, GB Nagar, UP presently in Delhi, do
hereby solemnly affirm and declare on oath as under:-

1.That I am the appellant in the present appeal and hence competent to

swear the present affidavit

2. That the accompanying appeal has been drafted under my instructions

and at my instance. The facts stated therein are true and correct. No part
of it is false and nothing material has been concealed therefrom. The
same may be read as part and parcel of this affidavit being not repeated
herein for the sake of brevity.

3. That I have not filed any appeal before any court, with regard to
the subject matter of the present appeal.
Deponent.
Verification:-
Verified at New Delhi on 25.02.2023 that the contents of my above
affidavit are true and correct. No part of it is false and nothing material
has been concealed therefrom.
Deponent.