1
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.4729 OF 2024 (ARISING FROM SLP(Crl.) No.8982 OF 2024)
ANIKET APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard the learned counsel for the parties
and perused the relevant material.
3. We have perused the order passed by the
Magistrate on 05.11.2019 and the grounds of appeal
challenging the said order before the Sessions
Court. From the orders of the Sessions Court and
the High Court, we are not able to find any
finding that notice or summons in the case under
the Protection of Women from Domestic Violence
Act, 2005 (for short, ‘the D.V. Act’) were ever
served upon the appellant and that despite service
of notice the appellant failed to appear. The only
observation made in the order of the Trial Court
is that notices were issued and no one appeared on
2
behalf of the appellant.
4. In such circumstances, the submission of
the learned counsel for the appellant that the
appellant has not been afforded due opportunity to
contest the proceedings under the D.V. Act for
return of streedhan and compensation which has
resulted into serious prejudice and injury to him.
5. Learned counsel for the respondent(s)
have also not been able to point out from the
record that there was a finding with regard to
service of no...