SIDDHARTH GARG AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3091/2025 · 2025-04-28
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3712 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3712 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65980 Court No. - 73 Case :- APPLICATION U/S 482 No. - 3091 of 2025 Applicant :- Siddharth Garg And 3 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 is an application under Section 482 CrPC preferred by the applicants for quashing the entire proceedings of Criminal Case No. 35658 of 2024 (Smt. Prerna Goyal Vs. Siddharth Garg) pending before Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.8, District- Mathura, under Section 12 of Domestic Violence Act, Police Station Kotwali (Govind Nagar), District- Mathura. 3. Learned counsel for the applicant has submitted that the applicant no.1 is the husband, applicant no.2 is mother-in-law, applicant no.3 is father-in-law and applicant no.4 is Nanad of O.P. No.2. Submission is that though proceeding under Section 12 of D.V. Act has been initiated by the wife, however, he submits that simultaneously, report of the DPO was called and notices have been issued. He further submits that there is nothing on record to substantiate that the proceedings under D.V. Act are maintainable against the applicant. 4. Learned A.G.A. on the other hand submits that till date no order under Chapter IV of the Act has been passed, thus it is open for the applicant to contest the same and in case, such order is passed there is remedy provided in the Act itself. He also seeks to rely upon the judgment in the case of Smt. Suman Mishra v. State of U.P. in Application U/S 482 No. 6975 of 2013 decided on 31.07.2024 that merely on issuance of notice the proceedings under Section 482 CrPC would not be maintainable. 5. At this juncture, learned counsel for the applicant submits that the applicants shall be putting their appearance before the court
below on raising all the contentions legal and factual and direction be issued to the court below to consider the same in correct perspective. 6.
Having heard the submissions so made across the Bar as well as the stand taken by learned counsel for the applicants, application stands disposed of granting liberty to the applicant to appear before the court below while taking all legal and factual aspects and this Court has no reason to disbelieve that the same shall be decided strictly in accordance with law. Order Date :- 29.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad