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2025 DAILYLAW 203753 (ALL)

RATAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER

A482/3422/2023 · 2025-10-28

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3422 of 2023 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for State, learned counsel for opposite party and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the order dated 24.08.2022 passed in Complaint Case No.1196 of 2019 (Neetu Singh vs. Ratan Kumar) pending in the court of Additional Chief Judicial Magistrate, Lucknow. 3. This Court vide order dated 12.08.2024 had directed the Mediation Centre to conduct mediation between the parties. Since both the parties were agreed for mediation, the Mediation Centre has given report on 27.11.2024, and the report indicates that mediation has failed between the parties. 4. Learned counsel for opposite party no. 2 has taken a plea that against the impugned order, the applicant has a statutory remedy of filing an appeal under Section 29 of Protection of Women from Domestic Violence Act, 2005. It has been submitted that it is statutory mandatory provision which has to be complied with by the applicant but instead of filing an appeal, the applicant has approached before this Court under Section 482 Cr.P.C. whereas the application under Section 482 Cr.P.C. is not maintainable. He has further submitted that recall application of the applicant is also pending against the impugned order. Versus Counsel for Applicant(s) : Udai Pratap Yadav, Bhoopal Singh, Ichchha Singh Counsel for Opposite Party(s): G.A., Aman Kumar Shrivastav, Azam Shafeequi Ratan Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s) 5. Learned counsel for the applicant could not dispute the fact that there is an alternate statutory remedy provided under Section 29 of Protection of Women from Domestic Violence Act, therefore, the application is dismissed as not maintainable. 6. However, the applicant may avail the remedy of appeal or he can also pursue the recall application, as permissible under the law. October 28, 2025 Pks A482 No. 3422 of 2023 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench