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2025 DAILYLAW 2009 (ALL)

JAWAHAR LAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/51940/2025 · 2026-04-19

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51940 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the notice dated 12.7.2024 as well as further proceedings of Case No. 127/12/24(Nitesh vs. Amit) under Section 12, 18, 20, 22 of Domestic Violence Act, Police Station Sasni, District Hathras. 3. Learned counsel for the applicants submits that applicant Nos. 1 & 2 are in-laws and applicant No.4 is sister-in-law of opposite party No.2. Marriage of opposite party No.2 was solemnized with applicant No.1 on 24.7.2017. Thereafter opposite party lived with the applicants but on account of some domestic dispute, opposite party No.2 filed present complaint under Section 12, 18, 20, 22 of Domestic Violence Act. He further submits that opposite party No.2 had also initiated criminal proceeding against the applicants by lodging FIR being Case Crime No.225 of 2021 under Section 498-A, 323, 354, 506 IPC and Section 3/4 Dowry Prohibition Act and in that proceeding, in-laws and sister-in-law were exonerated. It is submitted that present complaint has been filed with malice intention. The District Probation Officer has submitted report that allegation in the complaint is of physical assault, however, it is not supported by any evidence. Learned counsel further submitted that applicants have filed objection before the trial court against proceedings under Sections 12,18,20 & 22 of Domestic Violence Act, wherein learned Court has not passed any order. Hence, proceedings against applicants being malicious are liable to be set aside. 4. Learned AGA has not disputed the fact that no order has been passed by Versus Counsel for Applicant(s) : Anil Kumar Counsel for Opposite Party(s) : G.A. Jawahar Lal And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the learned Magistrate on the objection of the applicants. 5. Considered the arguments of learned counsel for the applicants and the learned AGA. It is admitted case that opposite party No.2 is the legally wedded wife and in the complaint filed by opposite party No.2, notices were issued against the applicants and objection has also been filed by the applicants before the learned Magistrate. 6. In view of above, learned Magistrate is directed to decide the objection of the applicants in the complaint case as early as possible. 7. With above direction, the instant application is disposed of. (Deepak Verma,J.) April 20, 2026 P.P. NA528 No. 51940 of 2025 2 Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad