Dismissed

Shamim Ahmad and 5 Others v. State of U.P.and Another

Allahabad HC4 Jul 2022A482/8376/2022

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Application filed to quash an order under the Protection of Women from Domestic Violence Act, the High Court held that the impugned order was based on cogent reasons and free from irregularity. The prayer for quashing was refused, and the matter was remitted for mediation.

What did the court decide?

The prayer for quashing the impugned order is refused and the application is dismissed; parties directed to file an application for mediation before the court below.

Shamim Ahmad and 5 Others Vs State of U.P.and… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 8376 of 2022

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Applicant :- Shamim Ahmad And 5 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Arvind Kumar Rai,Navneet Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A., and perused the record.

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This application has been filed with a prayer to quash the impugned order dated 30.11.2021 i.e. paper No. 16-B passed by the newly Civil Judge (Jr. Div)/ FTC, Ghazipur in Crl. Misc.Case No. 240 of 2020 (Sahana Vs. Shamim and others), under section 12 of Protection of Women from Domestic Violence Act-2005, P.S. Kotwali, District Ghazipur.

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After having heard the learned counsel for the parties present and perused the impugned order as well as material brought on record, I am of the view that impugned order is based upon relevant consideration and supported by cogent reason, the same does not suffer from any irregularity, illegality or jurisdictional error, hence, no interference is required by this Court. The prayer for quashing the impugned order is refused.

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The application lacks merit. It is liable to be dismissed.

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It is further submitted by learned counsel for the applicants that there is chance of mediation between the parties, it is directed that in case both the parties appear before the court below and file application for settling the dispute through mediation. If such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. The mediation center will decide the same within a period of four months.

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With the above observation, this application is disposed of.

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Order Date :- 4.7.2022

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RPD

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Digitally signed by RATAN PRAKASH DWIVEDI Date: 2022.07.05 12:22:48 IST Reason: Location: High Court of Judicature at Allahabad

Shamim Ahmad and 5 Others v. State of U.P.and Another

Case brief

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Shamim Ahmad and 5 Others v. State of U.P.and Another

Case brief

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What did the court decide?

What the court decided

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