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2025 DAILYLAW 35261 (ALL)

DEEPAK SHARMA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11038/2025 · 2025-04-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60589 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11038 of 2025 Applicant :- Deepak Sharma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. Heard. This application under Section 528 BNSS has been filed by the applicants to quash the order dated 03.06.2024 passed by Civil Judge (Junior Division)/Fast: Track Court, Baghpat in Case No.206/2023 (Smt. Pragya Vats Versus Deepak Sharma and others), under section 12 Domestic Violence Act, Police Station Khekada, District Baghpat. The applicants herein is filed the present application for seeking following reliefs: "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/ stay the order dated 03.06.2024 passed by Civil Judge (Junior Division)/Fast: Track Court, Baghpat in Case No.206/2023 (Smt. Pragya Vats Versus Deepak Sharma and others), under section 12 Domestic Violence Act, Police Station Khekada, District Baghpat." At the very outset, learned AGA has raised a preliminary objection regarding maintainability of the present application in view of the existence of an alternative efficacious remedy by making of an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 against the order passed under Section 9/23 of the Protection of Women from Domestic Violence Act, 2005. Since there are already happens to be an alternative efficacious remedy to prefer an appeal under Section 29 of the Act, The Court does not find to be a fit case to interfere in the present proceedings. The application stands disposed of. Leaving it open to the applicants to take legal recourse to the remedy as available under the Act. Order Date :- 22.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad