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2025 DAILYLAW 134571 (ALL)

RAM CHET TRIPATHI AND 3 OTHRES v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3729/2024 · 2025-05-07

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27125 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3729 of 2024 Applicant :- Ram Chet Tripathi And 3 Othres Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anamika Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.,Diwakar Shukla Hon'ble Alok Mathur,J. 1. Heard Ms. Anamika Singh, learned counsel for the applicants and the A.G.a. for the State. 2. By means of instant petition under Section 482 Cr.P.C. the applicants have challenged order dated 16.1.2024 passed by Civil Judge (Junior Division)/FTC, Sultanpur in Criminal Misc. Case No.26/2024 (Pratibha Vs. Ram Chet and others) wherein the application under Section 12 of Domestic Violence Act has been initiated by the said court and notices have been issued to the applicants. 3. It has been submitted that marriage of son of the applicant No.s 1 and 2 and opposite party No.2 was performed and a daughter was born out of the said wedlock. According to the complaint under Section 12 the complainant/ opposite party No.2 is physically and mentally tortured by the applicants and on 23.11.2023 she was forced to leave her matrimonial house along with her daughter. It has been stated that the son of the applicant No.s 1 and 2 died on 9.11.2023 and they have denied that respondent No.2 was ever subjected to any cruelty. 4. Be that as it may, at the stage of issuing notice only the allegations made in the complaint are to be seen and from perusal of the said complaint it is noticed that there are allegations of domestic violence leveled by opposite party No.2 against the applicants. The applicants/petitioners ought to put in appearance before the trial court where they would be at liberty to raise all the objections and adduce evidence in defence but at this stage issuing order of summoning cannot be faulted. 5. From a perusal of the record, it is found that there is sufficient material for taking cognizance of the same and issuing notice to the petitioners. Accordingly, this Court does not find any infirmity in the said order. Apart from the above, it is also noticed that the dispute was referred for mediation and during the said period interim protection was granted to the petitioners. This Court has been informed that no settlement could be arrived at between the parties. 5. In light of the above, no interference is required in the impugned order. The petition is devoid of merits and is accordingly dismissed. (Alok Mathur, J.) Order Date :- 7.5.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench