VINEET MALIK AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A227/16368/2024 · 2025-03-03
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113584 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113584 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30859 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16368 of 2024 Petitioner :- Vineet Malik And 6 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sukrampal Counsel for Respondent :- G.A.,Narendra Kumar Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioners, Sri Brijesh Kumar Yadav, Advocate holding brief of Sri Narendra Kumar, learned counsel for respondent no. 2 and learned AGA for the State.
2. The present petition has been preferred with the following relief:-
"I. Set-aside the impugned order dated 10.12.2024 passed by the learned Court of Sessions Judge, Baghpat, in Criminal Appeal No. 69 of 2024 (Vineet Malik & others Vs. Smt. Shilpa & another) and the impugned order dated 11.07.2024 passed by the learned Court of Judicial Officer, Village Court, Tehsil Baraut, District Baghpat, in Case No. 177 of 2023 (Smt. Shilpa Vs. Vinnet Malik & others), u/s 12 of Protection of Women from Domestic Violence Act, 2005, related to Police Station Baraut, District Bagpat."
3. It is the case of the petitioners that marriage of petitioner no. 1 was solemnized with respondent no. 2 according to Hindu rites and rituals. After marriage, the petitioners demanded additional Rs. 30 lakhs from the respondent no. 2. The petitioners have mentally and physically tortured the respondent no. 2 and brutally beaten her. Thereafter, the respondent no. 2 filed an application under section 12 of Protection of Women from Domestic Violence Act, 2005 before the learned concerned court against the petitioners wherein the learned concerned court served the notice to the petitioners but no notice has been received by the petitioners and vide its order dated 11.07.2024, straightway passed the ex-parte order for giving maintenance amount of Rs. 15,000/- per month to the respondent no. 2. Being aggrieved with order dated 11.07.2024, petitioners preferred appeal which was also rejected vide order dated 10.12.2024 which has been challenged through the instant petition.
4. Learned counsel for the petitioner submitted that both the impugned orders i.e., order dated 11.07.2024 and appellate court
order dated 10.12.2024 are wholly illegal, unjust, improper and
have been passed without properly considering the facts and circumstances of the case as well as without considering the materials available on record. It is also submitted that the order impugned has been passed in mechanical and routine manner which does not manifest the application of judicious mind to the
facts of the case.
5. Per contra, learned A.G.A. for the State and Sri Brijesh Kumar Yadav, Advocate holding brief of Sri Narendra Kumar, learned counsel for respondent no. 2 have vehemently opposed the prayer as made in the petition and submitted that after considering the material on record, learned concerned court passed the impugned orders and as such, there is no illegality in the same.
6. After perusal of order dated 11.07.2024 passed by the learned Court of Judicial Officer, Village Court, Tehsil Baraut, District Baghpat as well as the order dated 10.12.2024 passed by the learned Court of Sessions Judge, Baghpat, I find that the same does not suffer from any illegality, infirmity or jurisdictional error, so as to call for interference by this Court.
7. In view of the aforesaid facts and circumstances, the petition lacks merit and is hereby dismissed.
Order Date :- 4.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad