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2025 DAILYLAW 50608 (ALL)

AMITRAJ AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15682/2025 · 2025-05-05

Vikas Budhwar

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:72273 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15682 of 2025 Applicant :- Amitraj And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicants as well as Sudhir Kumar Chandraul, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred for quashing the entire proceeding in Case No. 1593/11 of 2024, Deepika Vs. Ashish Kumar and others, under Section 17, 18, 19, 20, 22 and 23 of Domestic Violence Act, Police Station Nai Mandi, District Muzaffar Nagar pending before the learned Civil Judge (Junior Division)/F.T.C.-2 (C.A.W.), Muzaffar Nagar. 3. Learned counsel for the applicants has submitted that applicant no. 1 is the Nandoi, applicant no. 2 is Nanad, applicant no. 3 is the father-in-law of the applicant no. 1, applicant no. 4 is Mama and applicant no. 5 is Mausa. 4. Submission is that the marriage of the opposite party no. 2 stood solemnized of one Sri Ashish Kumar. Learned counsel for the applicants submits that a complaint under Sections 12, 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 was lodged on 04.12.2024 against the husband, father- in-law, mother-in-law and the applicants along with others. Argument is that the applicants have not committed any domestic violence and further they cannot be made respondents as per Section 2(q) and apart from the same, there is no domestic relationship as per Section 2(f). 5. Contention is that even otherwise there is not even a word which attributes infliction of domestic violence by the applicants. 6. Learned AGA, on the other hand, submits that only notices have been issued, thus, it is always open for the applicants to appear before the court below and to submit their response while claiming and substantiating that they have not committed any offence so as to attract the said provisions. 7. To such a submission, learned counsel for the applicants submits that the applicants be permitted to appear through a counsel. At this State, Sri Sudhir Kumar Chandraul, learned AGA submits that since only the stage of notices have been issued, thus, it is always open for the applicants to submit its reply and contest the matter. 8. Considering the submissions so made across the bar, the application be disposed of granting liberty to the applicants to appear before the court below and to take all legal and factual submissions in that regard that they are not committed the said offence. This court has no reasons to disbelieve that the same shall be decided expeditiously. Order Date :- 6.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad