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2025 DAILYLAW 31388 (ALL)

BEETU v. STATE OF U.P. AND ANOTHER

NA528/9157/2025 · 2025-03-20

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41408 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9157 of 2025 Applicant :- Beetu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant as well as Sri Abhishek Tripathi, 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 order dated 22.01.2025 in Misc. Domestic Violence Case No.2069 of 2016, (Smt. Sarita Devi Vs. Beetu and others), under Sections 12, 18, 19, 20, 21, 22 of the Protection of Woman From Domestic Violence Act, 2005, P.S. Nagla Khangar, District Firozabad pending in the court of Additional Civil Judge,(S.D.)/ACJM, Firozabad, whereby the applicant has been directed not to create any obstruction or hindrance in the living of the opposite party no.2 with the applicant and Rs.4000/-per month as maintenance, Rs.20,000/- as medical expenses and Rs.50,000/- as compensation. 4. Learned AGA on the other hand submits that the order dated 22.1.2025 passed by the Additional Civil Judge,(S.D.)/ACJM, Firozabad is appealable under Section 29 of the Protection of Women From Domestic Violence Act, 2005 Act. Learned counsel for the applicant does not dispute the said fact. 5. Accordingly, the application stands consigned to record granting liberty to the applicant to challenge the same before the Appellate Forum as provided under Section 29 of the Protection of Women From Domestic Violence Act, 2005 Act. 6. Office is directed to return the certified copy of the order subject to furnishing of the photocopy. Order Date :- 21.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad