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2025 DAILYLAW 31366 (ALL)

MOHD. AMIR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9220/2025 · 2025-03-20

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41903 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9220 of 2025 Applicant :- Mohd. Amir And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Priti Verma,Siya Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Siya Ram Verma, learned counsel for the applicants as well as Sri Moti Lal, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceedings of Complaint Case No. 89611. of 2022, (Ruby Akhtar vs. Aurangzeb and others), under Section 3(1) of the Muslim Women (Protection of Rights On Divorce) Act, 1986, Police Station Colonelganj, District Kanpur Nagar, pending in the court of learned Additional Civil Judge (Junior Division), Court No.3, Kanpur Nagar. 3. Learned counsel for the applicants submits that the applicants are the Jeth of the opposite party no.2 whose marriage stood solemnized with the brother of the applicants, Aurangzeb. Thereafter, in the proceedings in Case No.1288 of 2020, Ruby Akhtar vs. Aurangzeb on 24.3.2021 a decree of divorce was passed, however, the opposite party no.2 has initiated proceedings against the brother of the applicants and the applicants under Section 3(1)d of the Muslim Women (Protection of Rights On Divorce) Act, 1986. 4. On a pointed query being raised to the learned counsel for the applicants to point out the illegality attributable for quashing of the entire proceedings of the Complaint Case No.8961 of 2022, (Ruby Akhtar vs. Aurangzeb and others), under Section 3(1) of the Muslim Women (Protection of Rights On Divorce) Act, 1986, learned counsel for the applicants only referred to paragraph 12 of the application so as to contend that the applicants have put in appearance and have submitted their objections on 11.7.2022 followed on 19.1.2023 para 13 of the application. 5. Learned counsel for the applicants on his instructions confined his prayer for deciding the objections dated 11.7.2022 followed on 19.1.2023. 6. Learned AGA on the other hand submits that whatever might be the objections of the applicants, if they are maintainable under law, the same would be considered. Thus no direction is required in this regard 7. Having heard the submissions so made across the bar, this Court is the opinion that in case any objection/reply which is maintainable and permissible under the law is preferred then this Court has no reasons to disbelieve that the same would be taken care of in accordance with law. Accordingly, no direction is required in the present proceedings. 8. The application is consigned to record. Order Date :- 21.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad