Neutral Citation No. - 2025:AHC:33744 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2022 of 2025 Petitioner :- Smt Rani Devi And 6 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ajay Sengar, learned counsel for petitioners and learned A.G.A. for State. 2. The present petition has been preferred with the following reliefs:- (i) Set aside of the Impugned Order dated 14.03.2024 passed by the Learned Civil Judge (J.D.)/Judicial Magistrate, Jalaun in Misc. Case No. 0029 of 2024 (Smt. Ritu Srivastava Versus Uttaresh Khare And Others) U/s 17, 18, 19, 20 & 22 of the Protection of Women From Domestic Violence Act, 2005, Police Station Jalaun, District Jalaun and all its consequential proceedings. (ii) Direct to the Learned Civil Judge (J.D.)/Judicial Magistrate, Jalaun to pass a fresh Order accordance with law Misc. Case No. 0029 of 2024 (Smt. Ritu Srivastava Versus Uttaresh Khare And Others) U/s U/s 17, 18, 19, 20 & 22 of the Protection of Women From Domestic Violence Act, 2005, Police Station Jalaun, District Jalaun after providing opportunity of hearing." 3. It is the case of petitioner that initially an FIR was lodged by respondent no. 2 against the petitioners wherein after conducting investigation, charge sheet was submitted on 19.03.2024 against the petitioner no. 6 only under Sections 498-A, 323, 504 IPC and 3/4 of Dowry Prohibition Act. Thereafter, the learned Judicial Magistrate, Jalaun vide its order dated 09.05.2024 has taken cognizance and summoned the petitioner no. 6 only under Sections 498-A, 323, 504 IPC and 3/4 of Dowry Prohibition Act. The respondent no. 2 again instituted a complaint case i.e. Criminal Misc. Case No. 0029 of 2024 U/s 17, 18, 19, 20 & 22 of the Protection of Women From Domestic Violence Act, 2005 before learned Judicial Magistrate, Jalaun, District Jalaun in which learned Judicial Magistrate, Jalaun District Jalaun vide its order dated 14.03.2024 referred the matter before the Mediation Centre and called the report from the D.P.O. as well as issued notices to the petitioners herein, which impugned the present petition. 4. Learned counsel for petitioners submitted that there is no incident of domestic violence with respondent no. 2, hence the entire proceedings is illegal, unjust and improper. It is further submitted by learned counsel for the petitioners that the learned concerned court vide its order dated 14.03.2024, without complying the Section 12(1) of the Protection of Women From Domestic Violence Act, 2005 referred the matter before the Mediation Centre and called the report from the D.P.O. as well as issued notices to the petitioners herein which is illegal, unjust and improper. 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 vehemently opposed the prayer as made in the petition and submitted that after considering the material on record, learned concerned court passed the impugned order through which no prejudice has been caused to the petitioners. 6. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the order of the learned Civil Judge (J.D.)/Judicial Magistrate, Jalaun/concerned court, through which no prejudice has been caused to the petitioners. 7. In view thereof, the petition lacks merit and is hereby dismissed. Order Date :- 7.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad