State of U.P. and Another v. Party

2. Heard Sri Rakesh Kumar Mathur along with Sri Ajay Kumar learned counsel for the applicant as well as Sri Vikas Sharma, learned State Law Officer.

3. This is an application u/s 528 BNSS preferred by the applicant for quashing the proceedings of Complaint Case no. 1431 of 2017 (Smt. Reena Versus Mohit Nagar and 3 others) under Section 12 of the Protection of Women from Domestic Violence Act 2005, pending before the Chief Judicial Magistrate Amroha as well as the recovery warrant dated

29.05.2025 passed by learned Additional Civil Judge (Junior Division )/F.T.C. II District Amroha (Annexure no. 8 ), and on all further proceedings consequent thereto.

4. The case of the applicant is that a complaint stood lodged by the O.P. no.2 in the year 2017 bearing number "1437 of 2017" under Section 12 of Domestic Violence Act, 2005 against the husband and other family members being father-in-law, mother-in-law and brother-in-law with an allegation that the marriage of O.P. No.2 stood solemnized with applicant no.1 on

10.06.2016 and in the marriage a four-wheeler, cash and several gifts were offered and the total expenditure incurred was Rs.20,00,000/-, however, the 2 NA528 No. 30716 of 2025 applicant along with other family members were not happy with the gifts so offered, as their demand was much more being Rs.1,00,000/- and on account of nonfulfillment of said desire the O.P. No.2 was subjected to domestic violence and threatening. It is also alleged that the pressure was being mounted upon O.P. No.2 to get the properties in the name of the applicant and on 08.12.2016, pressure was being mounted upon O.P. No.2 to abort and she was assaulted and threatened. Post-lodging of the complaint under Section 12 of the Domestic Violence Act, 2005, an order came to be passed on 18.01.2018 by the trial court in the proceedings under Section 12 of the Domestic Violence Act for grant of interim maintenance to the tune of Rs.3,000/- to the O.P. No.2, which was challenged by the applicant while filing Appeal no. 5 of 2018 wherein the interim maintenance was directed to be paid to the tune of Rs.1000/- vide order dated 01.12.2018, which as per the assertion contained in para-16 was subject matter of challenge in the Matter under Article 227 No.1802 of 2019, in which the following orders have been passed:- "Learned AGA has accepted notice on behalf of the respondent no.1. Issue notice to respondent no.2. Steps be taken by Registered Post A.D. within ten days. All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List on 3.5.2019 before the appropriate Court. It is made clear that no stay order has been passed by this Court as on date. "

5. Learned counsel for the applicant has submitted that the entire proceedings so sought to be submitted by way of complaint under Section 12 of the Domestic Violence Act, 2005, cannot be sustained particularly for the reason that though in the proceedings under Section 125 of the CrPC, so lodged by the O.P. No.2 being Case No.65 of 2017 on 07.04.2017, post contest the same came to be decided on 29.10.2020 directing the applicant to pay Rs.3000/- to the O.P. No.2 and Rs.4500/- to the son. However, the applicant preferred Criminal Revision Defective no.523 of 2021 in which an interim order has been passed, however, recovery warrants have been issued and further the applicant had preferred proceedings under Section 13 of the Hindu Marriage Act for dissolution of the Marriage dated 10.03.2016 in 3 NA528 No. 30716 of 2025 which on 19.11.2020, an order came to be passed in Divorce Petition no.16 of 2018 by the Court of Principal Judge, Family Court, Amroha dissolving the marriage on the ground that the applicant herein was subjected to cruelty by the O.P. No.2 and the O.P. No.2 has himself instituted proceedings under Section 25 of the Hindu Marriage Act, being Case No. 565 of 2020 for permanent alimony, in which an order dated 20.01.2021 has been passed. Learned counsel for the applicant has submitted that once in the divorce suit a finding has been recorded to the extent that it is the O.P. No.2 who had committed the cruelty and not the applicant, then the present proceedings under Section 12 of the Domestic Violence Act cannot be allowed to be continued.

6. Learned State Law Officer has submitted that whatever might be, once the complaint has been lodged in the year 2017 and the applicant is contesting the matter, then this Court may not interfere at this stage and it is for the applicant to contest the matter and in case, any order is being contested.

7. I have heard the submissions so made across the Bar and perused the record carefully.

8. Apparently, a complaint stood lodged under Section 12 of the Domestic Violence Act against the applicant by O.P. No.2, in which an order came to be passed on 18.01.2018 by the trial court granting interim maintenance to the O.P. No.2 which was challenged in appeal, wherein the same was reduced to Rs.1000/- which is subject matter of challenge in the proceedings Matter under Article 227 No.1802 of 2019, Mohit Nagar vs. State of U.P. Once the applicant himself is contesting the said proceeding, then it is always open for him to take all legal and factual grounds which are available and permissible in law in order to substantiate that the O.P. No.2 is not entitled to relief. This Court at this stage is not required to record a conclusive or a definite finding on the said issue, even otherwise it is always open for the applicant to take the plea that the marriage stands dissolved and it is for the court below to consider the import and impact of the finding contained in the divorce decree.

9. Accordingly, interference is declined. The application is disposed of leaving it open to the applicant to contest the proceedings before the court below while taking all the legal and factual grounds and this Court has no 4 NA528 No. 30716 of 2025 reason to disbelieve that the court below shall consider the same in correct perspective. September 18, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad

2. Heard Sri Rakesh Kumar Mathur along with Sri Ajay Kumar learned counsel for the applicant as well as Sri Vikas Sharma, learned State Law Officer.

3. This is an application u/s 528 BNSS preferred by the applicant for quashing the proceedings of Complaint Case no. 1431 of 2017 (Smt. Reena Versus Mohit Nagar and 3 others) under Section 12 of the Protection of Women from Domestic Violence Act 2005, pending before the Chief Judicial Magistrate Amroha as well as the recovery warrant dated

29.05.2025 passed by learned Additional Civil Judge (Junior Division )/F.T.C. II District Amroha (Annexure no. 8 ), and on all further proceedings consequent thereto.

4. The case of the applicant is that a complaint stood lodged by the O.P. no.2 in the year 2017 bearing number "1437 of 2017" under Section 12 of Domestic Violence Act, 2005 against the husband and other family members being father-in-law, mother-in-law and brother-in-law with an allegation that the marriage of O.P. No.2 stood solemnized with applicant no.1 on

10.06.2016 and in the marriage a four-wheeler, cash and several gifts were offered and the total expenditure incurred was Rs.20,00,000/-, however, the 2 NA528 No. 30716 of 2025 applicant along with other family members were not happy with the gifts so offered, as their demand was much more being Rs.1,00,000/- and on account of nonfulfillment of said desire the O.P. No.2 was subjected to domestic violence and threatening. It is also alleged that the pressure was being mounted upon O.P. No.2 to get the properties in the name of the applicant and on 08.12.2016, pressure was being mounted upon O.P. No.2 to abort and she was assaulted and threatened. Post-lodging of the complaint under Section 12 of the Domestic Violence Act, 2005, an order came to be passed on 18.01.2018 by the trial court in the proceedings under Section 12 of the Domestic Violence Act for grant of interim maintenance to the tune of Rs.3,000/- to the O.P. No.2, which was challenged by the applicant while filing Appeal no. 5 of 2018 wherein the interim maintenance was directed to be paid to the tune of Rs.1000/- vide order dated 01.12.2018, which as per the assertion contained in para-16 was subject matter of challenge in the Matter under Article 227 No.1802 of 2019, in which the following orders have been passed:- "Learned AGA has accepted notice on behalf of the respondent no.1. Issue notice to respondent no.2. Steps be taken by Registered Post A.D. within ten days. All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter. List on 3.5.2019 before the appropriate Court. It is made clear that no stay order has been passed by this Court as on date. "

5. Learned counsel for the applicant has submitted that the entire proceedings so sought to be submitted by way of complaint under Section 12 of the Domestic Violence Act, 2005, cannot be sustained particularly for the reason that though in the proceedings under Section 125 of the CrPC, so lodged by the O.P. No.2 being Case No.65 of 2017 on 07.04.2017, post contest the same came to be decided on 29.10.2020 directing the applicant to pay Rs.3000/- to the O.P. No.2 and Rs.4500/- to the son. However, the applicant preferred Criminal Revision Defective no.523 of 2021 in which an interim order has been passed, however, recovery warrants have been issued and further the applicant had preferred proceedings under Section 13 of the Hindu Marriage Act for dissolution of the Marriage dated 10.03.2016 in 3 NA528 No. 30716 of 2025 which on 19.11.2020, an order came to be passed in Divorce Petition no.16 of 2018 by the Court of Principal Judge, Family Court, Amroha dissolving the marriage on the ground that the applicant herein was subjected to cruelty by the O.P. No.2 and the O.P. No.2 has himself instituted proceedings under Section 25 of the Hindu Marriage Act, being Case No. 565 of 2020 for permanent alimony, in which an order dated 20.01.2021 has been passed. Learned counsel for the applicant has submitted that once in the divorce suit a finding has been recorded to the extent that it is the O.P. No.2 who had committed the cruelty and not the applicant, then the present proceedings under Section 12 of the Domestic Violence Act cannot be allowed to be continued.

6. Learned State Law Officer has submitted that whatever might be, once the complaint has been lodged in the year 2017 and the applicant is contesting the matter, then this Court may not interfere at this stage and it is for the applicant to contest the matter and in case, any order is being contested.

7. I have heard the submissions so made across the Bar and perused the record carefully.

8. Apparently, a complaint stood lodged under Section 12 of the Domestic Violence Act against the applicant by O.P. No.2, in which an order came to be passed on 18.01.2018 by the trial court granting interim maintenance to the O.P. No.2 which was challenged in appeal, wherein the same was reduced to Rs.1000/- which is subject matter of challenge in the proceedings Matter under Article 227 No.1802 of 2019, Mohit Nagar vs. State of U.P. Once the applicant himself is contesting the said proceeding, then it is always open for him to take all legal and factual grounds which are available and permissible in law in order to substantiate that the O.P. No.2 is not entitled to relief. This Court at this stage is not required to record a conclusive or a definite finding on the said issue, even otherwise it is always open for the applicant to take the plea that the marriage stands dissolved and it is for the court below to consider the import and impact of the finding contained in the divorce decree.

9. Accordingly, interference is declined. The application is disposed of leaving it open to the applicant to contest the proceedings before the court below while taking all the legal and factual grounds and this Court has no 4 NA528 No. 30716 of 2025 reason to disbelieve that the court below shall consider the same in correct perspective. September 18, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad