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2025 DAILYLAW 131538 (ALL)

SMT. NILU YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 6 OTHERS

A483/280/2025 · 2025-04-03

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18465 Court No. - 12 Case :- APPLICATION U/S 483 No. - 280 of 2025 Applicant :- Smt. Nilu Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 6 Others Counsel for Applicant :- Deepak Kumar,Abhishek Shukla Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the applicant and the A.G.A. for the State- respondent No.1. 2. In light of the proposed order notice to private respondents is dispensed with. 3. By means of the present application under Section 483 Cr.P.C. read with Section 529 of BNSS, the applicant has sought a direction to Additional Chief Judicial Magistrate, 2nd, Lucknow to decide case No.7309 of 2024 (Smt. Nilu Yadav Vs. Deepak Kumar Yadav and others) filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 relating to police station Gudamba, District Lucknow, expeditiously. 4. It has been stated that opposite party No.2 is the husband of the applicant and they were married on 5.2.2017 according to Hindu rites and rituals. It is further stated that on account of domestic violence opposite party No.s 2 and 3 had threatened the applicant to dispossess her from her property/matrimonial home. It is in aforesaid facts and circumstances that the applicant moved an application under Section 12 of the Act of 2005 on 19.12.2024 on which notices have been issued to the private respondents who are opposite parties in the said petition. 5. A perusal of the application indicates that only damages/compensation has been sought and there is no prayer for restraining the private respondents from evicting her in terms of as provided for under Section 17, read with 19 and 23 of the Act of 2005 6. Learned counsel for the applicant has fairly submitted that at the time of filing of the present application the applicant was forcefully evicted from her matrimonial home /property but yesterday she has been taken back and presently she is living with her husband. 7. In view of the statement made by learned counsel for the applicant at Bar, no direction deserves to be passed in the present facts and circumstances of the case. 8. However, in case the applicant is evicted from the matrimonial home or she is threatened to be evicted, she would be at liberty to move appropriate application before the trial court who shall decide the same in accordance with law. 9. With aforesaid direction and observation, the petition stands disposed of. (Alok Mathur, J.) Order Date :- 3.4.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench