DAYA SHANKAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9313/2025 · 2025-03-23
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31969 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42996 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9313 of 2025 Applicant :- Daya Shankar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kundan Kumar,Shivendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Kundan Kumar, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State.
2. This application U/s 528 of BNSS has been filed for quashing the entire proceedings of Case No. 486 of 2024 (Smt. Anju Prajapati Vs. Daya Shankar and others) filed under Section 12 of Domestic Violence Act, P.S. Maudaha, District Hamirpur, pending in the Court of Civil Judge (J.D.)/ F.T.C. (Crime against Women), District Hamirpur as well as impugned order dated 16.04.2024 passed by Civil Judge (J.D.)/F.T.C. (Crime against Women), District Hamirpur in Case No. 486 of 2024.
3. Learned counsel for the applicants has submitted that the applicants have been falsely implicated and they have been issued notices on 16.04.2024. He submits that the applicants have been unnecessarily roped in.
4. Learned AGA submits that no adverse orders have been passed and according to him, the case does not warrant interference at this stage particularly when only notices have been issued.
5. On a specific query being made to learned counsel for the applicants as to whether there happens to be any orders passed under Chapter IV of the Act, the answer is in negative. He,
however, on instructions, submits that the applicants shall put in appearance and take their all legal and factual defences in this regard before the court below and avail the remedy as available under the Domestic Violence Act.
6. Accordingly, the application stands disposed of granting liberty to the applicants to take all legal remedies as available under the Act itself. Order Date :- 24.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad