In an application seeking to quash a notice under the Domestic Violence Act, the High Court declined to interfere as the applicants had an opportunity to respond and were not prejudiced, dismissing the application.
Application fails and consigned to records.
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Court No. - 48
Case :- APPLICATION U/S 482 No. - 11101 of 2022
Applicant :- Manish Chaudhary @ Shubham Chaudhary And 3 Others
Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Bed Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
This application has been filed with the prayer to quash the notice dated 4.4.2022 issued in proceedings under Section 12 of the Domestic Violence Act. Learned counsel for the applicants submits that in the event matter is referred to mediation centre, the parties can resolve their differences.
Learned AGA, on the other hand, points out that there is no order dated 4.4.2022 and the impugned notice merely calls upon the applicants to submit a reply in the matter.
In the facts of the case, this Court is not inclined to interfere with the notice inasmuch as the applicants are already given opportunity to appear in response to the notice and submit their defence in response to the complaint made in the Domestic Violence Act. In the event the applicant no. 1 is willing to keep his wife, he could say so while submitting the reply to the notice itself.
In such circumstances, I am not inclined to interfere with the notice particularly as the applicants are not prejudiced in any manner, as of now, and they have an opportunity to submit a reply which shall be dealt with on its own merit.
Subject to the observations made above, this application filed under Section 482 Cr.P.C. fails and is consigned to records.
Order Date :- 24.6.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.06.24 18:45:11 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court should interfere with a notice under Section 12 of the Domestic Violence Act.
1 provisions across 1 enactments
Manish Chaudhary @ Shubham Chaudhary And 3 Others
Ashwani Kumar Mishra
Naseem Uddin
As recorded by the court registry
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