Pradeep Kumar Vs Smt. Sarvesh — Domestic Violence | Allahabad HC (2025)

Pradeep Kumar Vs Smt. Sarvesh — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction that in case the petitioner moves an application along with the order dated 27.5.2024 passed by the Coordinate Bench of this Court in Application u/s 482 No. 44156 of 2022, the same may be taken into consideration and appropriate orders passed expeditiously.

Issue for consideration

Whether the proceedings pending before the Additional Chief Judicial Magistrate, Khurja Nagar (Complaint No. 1006 of 2021 under the Protection of Women from Domestic Violence Act, 2005) and the Family Court, Bulandshahr (Maintenance Suit No. 1319 of 2021 under Section 125 Cr.P.C.) are to be dealt with in view of the order dated 27.5.2024 passed by the Coordinate Bench of this Court in Application u/s 482 No. 44156 of 2022.

Ratio / Principle

Considering the submissions made by the petitioner, it was directed that in case the petitioner moves an application along with the order dated 27.5.2024 passed in Application u/s 482 No. 44156 of 2022, the same may be taken into consideration and appropriate orders passed expeditiously.

Key takeaways

With the aforesaid observation, the writ petition is disposed of.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ms. Nand Prabha Shukla, J.; order dated 20.5.2025) disposed of a petition under Article 227 of the Constitution of India filed by Pradeep Kumar seeking dismissal/withdrawal of (i) Complaint No. 1006 of 2021 (Smt. Sarvesh vs. Pradeep Kumar (Constable) and 5 others) under Sections 12, 13, 18, 19, 20, 22, 23 (2) of the Protection of Women from Domestic Violence Act, 2005 pending before A.C.J.M., Khurja, District Bulandshahar, and (ii) Maintenance Suit No. 1319 of 2021 (Smt. Sarvesh vs. Pradeep) under Section 125 Cr.P.C. pending before the Family Court, Bulandshahar, in pursuance of the order dated 27.5.2024 of a Coordinate Bench in Application u/s 482 No. 44156 of 2022. At the outset, learned counsel for the petitioner confined his prayer to the said coordinate-bench order being taken into account before disposal of the pending proceedings. The Court directed that in case the petitioner moves an application along with that order, the same may be taken into consideration and appropriate orders passed expeditiously, and disposed of the writ petition with the aforesaid observation.

Neutral Citation No. - 2025:AHC:84363

Court No. - 81

Case :- MATTERS UNDER ARTICLE 227 No. - 11916 of 2024

Petitioner :- Pradeep Kumar Respondent :- Smt. Sarvesh Counsel for Petitioner :- Mukesh Kumar Jha

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

The present petition under Article 227 of the Constitution of India has been filed seeking direction to A.C.J.M. Khurja, District Bulandshahar the proceedings pending in Complaint No. 1006 of 2021 (Smt. Sarvesh vs. Pradeep Kumar (Constable) and 5 others) under Sections 12, 13, 18, 19, 20, 22, 23 (2) of the Protection of Women from Domestic Violence Act, 2005, 43 of 2005 as well as before the learned Family Court, Bulandshahar in Maintenance Suit No. 1319 of 2021 (Smt. Sarvesh vs. Pradeep) under Section 125 Cr.P.C., Police Station Khurja Nagar, District Bulandshahar may be dismissed as withdrawn forthwith in pursuance of the order of this Hon'ble Court dated 27.5.2024 within stipulated period as directed by this Hon'ble Court.

At the very outset, learned counsel for the petitioner confines his prayer that the order dated 27.5.2024 passed by the Coordinate Bench of this Court in Application u/s 482 No. 44156 of 2022 be taken into account before the disposal of the proceedings pending before the Additional Chief Judicial Magistrate, Khurja Nagar, Bulandshahr in the proceedings of Complaint No. 1006 of 2021 (Smt. Sarvesh vs. Pradeep Kumar (Constable) and 5 others) under Sections 12, 13, 18, 19, 20, 22, 23 (2) of the Protection of Women from Domestic Violence Act, 2005 as well as before the Family Court, Bulandshahr in Maintenance Suit No. 1319 of 2021 (Smt. Sarvesh vs. Pradeep) under Section 125 Cr.P.C., Police Station Khurja Nagar, District Bulandshahar and pass appropriate orders in accordance with law.

Considering the submissions made by the petitioner, it is

directed that in case the petitioner moves an application along with the said order, the same may be taken into consideration and appropriate orders to be passed expeditiously.

With the aforesaid observation, the writ petition is disposed of.

Order Date :- 20.5.2025 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad