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2025 DAILYLAW 62933 (ALL)

MOHIT SHARMA @ MUKUL AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18802/2025 · 2025-05-25

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88910 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18802 of 2025 Applicant :- Mohit Sharma @ Mukul And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rahul Kumar Sharma, learned counsel for the applicants as well as Sri K.K. Vishwakarma, learned AGA. 2. This application under Section 528 of the BNSS has been filed by the applicants to quash the entire proceedings of Complaint Case No. 749 of 2022 (Smt. Rashmi Pachauri Vs. Mohit Sharma @Mukul and others) Under Section 12 of Protection of Women From Domestic Violence Act, 2005, Police Station Mahila Thana, District Hathras pending in the Court of Civil Judge (J.D.)/F.T.C. Court No. 2, Hathras as well as order dated 9.12.2024. 3. Learned AGA at the very outset raised a preliminary objection regarding maintainability of the present application on the ground that there happens to be an alternate efficacious remedy of preferring appeal against the order passed under Section 12 of the D.V. Act granting interim maintenance by way of filing an appeal under Section 29 of the D.V. Act . 4. Looking into the facts and circumstances of the case that the remedy lies under the statute, thus this Court is not interfering in the present proceeding. 5. The application stands disposed of granting liberty to the applicants to prefer an appeal under Section 29 of the D.V. Act. Order Date :- 26.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad