RAJENDRA MUKHIYA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9355/2025 · 2025-03-23
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32488 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32488 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42473 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9355 of 2025 Applicant :- Rajendra Mukhiya And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Shubham Prakash Gupta, learned counsel for the applicants as well as Sri Jyoti Kumar Singh, 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 applicants to quash the proceedings of Complaint Case No. 380 of 2023, (Smt. Nidhi Vs. Sumit Mukhiya and others), under Section 12 of the Protection of Women From Domestic Violence Act, 2005, Police Station Parikshitgarh District Meerut pending in the court passed of Additional Chief Judicial Magistrate, Court No.1, Meerut. 3. Learned counsel for the applicants has submitted that proceedings purported to be under Section 12 of the Protection of Women From Domestic Violence Act, 2005 stood lodged against the applicants, who are father-in-law, mother-in-law, Chachiya Sasur and daughter of Nanad. He further submits that post lodging of the complaint under Section 12 of the Act, notices were served upon the applicants and a report of the D.P.O. has also been called. He next submits that the said proceedings are not maintainable against the applicants. 4. Learned AGA on the other hand submits that whatever might be there, there is no adverse order passed against the applicants and further in view of the judgement in the case of Smt. Suman Mishra Vs. State of U.P., Application U/S 482 No.6975 of 2013, decided on 31.7.2024, the application would not be maintainable against mere issue of notice. 5. Having heard the arguments so made across the bar, the sole question arises for determination in the present proceedings is the extent of judicial intervention at this stage in the present
proceedings. Apparently, only notices have been issued and on a specific query being made to the learned counsel for the applicants and also apparent from the relief so sought in the present application there happens to be no challenge being raised to any of the orders passed under Chapter-V of the Act. It is always open for the applicants to take all legal and factual grounds regarding the non-applicability of the said provisions in the present case.
Apart from this, there further happens to be a complete mechanism provided under the Act and in the opinion of the Court no extraordinary circumstances warranting interference are present in view of the judgement in the case of Smt. Suman Mishra (Supra). Thus, interference is declined and the application is consigned to record. Order Date :- 24.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad