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2026 DAILYLAW 952 (ALL)

DURGA PRASAD AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15781/2026 · 2026-04-19

Deepak Verma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15781 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A for the State. 2. This 528 B.N.S.S. application has been filed by the applicants for quashing the entire criminal proceeding in Complaint Case No.01 of 2025 (Durga Prasad & others vs. Smt.Sangini Sharma) under section 12 of the Protection of Women From Domestic Violence Act, 2005, Police Station Rasra, District Ballia, pending in the court of Judicial Officer, Village Court Rasra, Ballia. 3. Learned counsel for the applicants submits that the applicant no.1 is husband of opposite party no.2 and marriage of the opposite party no.2 was solemnized in the year 2023. Thereafter, some matrimonial dispute arose between the applicant no.1 and opposite party no.2. Opposite party no.2 filed application under Section 12 of the Protection of Women From Domestic Violence Act and learned magistrate has issued notice against the applicants and applicants filed objection but applicants could not appear before trial court. Trial court proceeded ex-parte against the applicants and decided the application of opposite party no.2 under section 12 of Protection of Women From Domestic Violence Act with direction that the applicants shall pay Rs.4,000/- to opposite party no.2 and Rs.20,000/- as one time compensation amount. Learned counsel for the applicants submits that whole proceeding against the applicants is malice prosecution and is liable to be set aside. 4. Learned AGA opposed the submission raised by learned counsel for Versus Counsel for Applicant(s) : Quasim Khan, Shams Uz Zaman Counsel for Opposite Party(s) : G.A. Durga Prasad And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the applicants and submits that by order dated 29.11.2025, applicants have remedy to file appeal under section 29 of Domestic Violence Act. 5. Considered the argument raised by learned counsel for the applicants and perused the record. Applicants have remedy to file appeal before magistrate under section 29 of Domestic Violence Act. Court is not inclined to interfere in the order dated 29.11.2025 passed by the Judicial Officer, Village Court, Rasra, Ballia. Prayer for quashing the complaint is, hereby, refused. However, if applicants file appeal within two weeks before learned magistrate, the same shall be decided after hearing the parties expeditiously in accordance with law. 6. With these observations, the application u/s 528 B.N.S.S. is disposed of. April 20, 2026 SKD NA528 No. 15781 of 2026 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad