Smt. Bushra v. Arshad and Others), pending before Learned Civil Judge
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33092 of 2025 Arshad And 6 Others State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Avdhesh Kumar Yadav, Sundeep Counsel for Opposite Party(s) : G.A. Shukla Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
Legal Reasoning
the applicants thereafter approached this Court in Application u/s 482 CrPC No. 5053 of 2021, Arshad and others vs. State of U.P, in which a direction 2 NA528 No. 33092 of 2025 was issued for getting the matter for mediation. Thereafter another Application u/s 482 CrPC No. 29588 of 2021, Anees Ahmad and others vs. State of U.P. came to be preferred, which came to be allowed, the summoning order set aside and the matter was remitted back to the court below to pass a fresh order and thereafter another Application u/s 482 CrPC No. 21593 of 2022, Arshad vs. State of U.P. and another was preferred, in which interim protection was accorded. Learned counsel for the applicants submits that questioning the awarding of maintenance under section 125 CrPC an Application u/s 482 CrPC No. 20675 of 2022, Anees and others vs. State of U.P. came to be preferred, in which the order in question was stayed. A criminal revision also came to be preferred being Criminal Revision No.5219 of 2022, Arshad vs. State of U.P., in which an interim order has been passed. Learned counsel for the applicant submits that in the proceedings under Section 12 of the Domestic Violence Act on 18.10.2019, the notices were issued and on 17.03.2023 and an exparte order came to be passed against the applicants against which a recall application came to be preferred which was dismissed on 26.10.2023, a Criminal Appeal No.89 of 2023 came to be preferred which was allowed on 08.01.2024 remitting the matter back and on 18.05.2024, an order came to be passed by the court below according Rs.2500/- per month as compensation, which was challenged by way of Criminal Appeal no.52 of 2024 and also Criminal Appeal No.46 of 2025 are pending before this Court. Learned counsel for the applicants submits that the applicants have been subjected to harassment at all levels, they have not committed any act or omission so as to expose them to proceedings under the Domestic Violence Act. 4. Learned A.G.A. on the other hand submits that the complaint so preferred under Section 12 of the Domestic Violence Act is of the year 2019 and already order had been passed for maintenance, which has been challenged in appeal and once the applicants themselves contesting the proceedings, then it might not be appropriate to interfere at this stage. 5. I have heard submissions so made across the Bar and perused the record carefully. 6. Apparently, the complaint under Section 12 of the Domestic Violence Act came to be filed in the year 2019, notices were issued, orders were passed 3 NA528 No. 33092 of 2025 which were subject matter of challenge before the appellate forum and appeals are also pending. Merely because according to the applicant, there happens to be several criminal proceedings lodged under different enactments before different forums would not be a ground to forestall or interfere particularly when it is for the applicants to contest the said proceedings while substantiating the claim that the O.P. No.2 was not entitled to any benefits. Nonetheless, the O.P. No.2 happens to be the wife who alleges that she has been subjected to domestic violence thus prima facie on the basis of the allegations so made in the complaint, she becomes an aggrieved person under section 2(a) and further against the respondents in the complaint who are before this Court allegation is for subjecting her to domestic violence thus they become the respondents under Section 2(r). The definition of the domestic relationship under Section 2(f) and shared household under Section 2(s) and looking into the words employed therein it is not an hard and fast rule that on the date of the filing of the complaint, there should be a domestic relationship or shared household, as domestic relationship or shared household can be at any point of time. 7. Bearing in mind that the proceedings are underway and the applicants are already contesting, thus it is not appropriate for this Court to interfere at this stage. 8. Accordingly, the application is disposed of leaving it open to the applicants to contest the trial before the court below while taking all the legal and factual grounds and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. September 10, 2025 N.S.Rathour (Vikas Budhwar,J.) Digitally signed by :- Digitally signed by :- NIPENDRA SINGH RATHOUR NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad High Court of Judicature at Allahabad
Arguments
1. Heard Sri Sundeep Shukla, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the impugned order dated 18.10.2019 passed by Learned Additional Civil Judge (Junior Division) Court Number 1, Muzaffar Nagar as well as impugned order dated 12.09.2024 passed by Learned Civil Judge (Junior Division)/Fast Track Court Number 2, Muzaffar Nagar and entire proceedings of Case No.105/11 of 2019 (Smt. Bushra Vs. Arshad and Others), pending before Learned Civil Judge (Junior Division)/ Fast Track Court Number 2, Muzaffar Nagar. 3. The case of the applicant is that a complaint was lodged by the O.P. No.2 on 18.10.2019 against the applicants under Section 12 of the Protection of Women to Domestic Violence Act being Case No.105 of 2019, Smt. Bushra vs. Arshad and others with an allegation that the marriage of O.P. No.2 stood solemnized with applicant no.1 who is the husband, however, the applicants herein being the husband of O.P. No.2, father-in-law, mother-in- law, brother-in-law and sister-in-law used to subject the O.P. No.2 to domestic violence. The allegation is also to the extent that an FIR being Case Crime no.75 of 2019, under Sections 498-A, 323, 376, 354, 504 IPC read with Section 3/4 of D.P. Act came to be lodged against the applicants, and