Mohit vs State of Up and 4 Others

Neutral Citation No. - 2025:AHC:26519

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 15268 of 2024

Petitioner :- Mohit Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Hari Keshav Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Hari Keshav, learned counsel for the petitioner and learned A.G.A. for the State.

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The instant petition has been preferred for challenging the order dated 20.10.2023 passed by learned court of Judicial Magistrate, Gram Nyayalaya, Tehsil Badaut, District Baghpat in Complaint Case No.97 of 2022 (Smt. Priya @ Jyoti Vs. Mohit and Others), under section 12 of Protection of Women from Domestic Violence Act, 2005, through which petitioner has been directed to pay Rs.5000/- as maintenance to respondent no.2; being aggrieved with the order dated 20.10.2023, petitioner preferred Criminal Appeal No.76 of 2023 (Mohit and Others Vs. Smt. Priya @ Jyoti and Another), through which learned Additional Session Judge, Court No.05, Baghpat vide order dated 21.05.2024 has affirmed the above order dated 20.10.2023, which impugned the present petition.

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Learned counsel for the petitioner submitted that learned court concerned as well as learned appellate court have committed manifest error in not deciding the primary issue of marriage before passing the orders dated 20.10.2023 and 21.05.2024 and as such the same are liable to be set-aside.

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Considering the arguments raised by learned counsel for the petitioner, it is clear that since the perversity of the order dated 20.10.2023 passed by learned court of Judicial Magistrate, Gram Nyayalaya, Tehsil Badaut, District Baghpat in Complaint Case No.97 of 2022 as well as order dated 21.05.2024 passed by learned court of Additional Session Judge, Court No.5, Baghpat in Criminal Appeal No.76 of 2023 has been put under challenge only on precise grounds that inspite of mentioning the order dated 20.02.2023 passed in Complaint Case No.6911 of 2022 (Mohit Vs. Priya and Others), one learned Judicial Magistrate, Baghpat has

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already issued specific summoning orders against respondent no.2 in pursuance to sections 420, 468 I.P.C.; before arrival over the order dated 20.02.2023, the ample discussion taken place with regard to no marriage performed between the petitioner and respondent no.2.

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Once the order dated 20.02.2023 has been apprised and the same has been mentioned under the para, wherein the contention of respondent no.2 has been mentioned by learned court of Judicial Magistrate, Gram Nyayalaya, Tehsil Badaut, District Baghpat, but at the time of returning with the finding no averment has been whispered with regard to order dated 20.02.2023 while passing order dated 20.10.2023.

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While challenging the order dated 20.10.2023 on the ground of specific apparent perversity before learned appellate court, no credence has been given and the same was also dismissed vide order dated 21.05.2024 by way of upholding order dated 20.10.2023.

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Process of issue notice to respondent no.2 is hereby dispensed with, since the perversity as mentioned by learned counsel for the petitioner is very much on the face of record itself, which needs to be revisit the order dated 20.10.2023 by learned court concerned.

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In view of the aforementioned facts and circumstances, both the orders dated 20.10.2023 and 21.05.2024 passed by learned court of Judicial Magistrate, Gram Nyayalaya, Tehsil Badaut, District Baghpat and learned Additional Session Judge, Court No.05, Baghpat respectively are hereby set-aside ; the matter is remitted back to learned Judicial Magistrate, Gram Nyayalaya, Tehsil Badaut, District Baghpat/court concerned for deciding issue in pursuance to section 23 of Domestic Violence Act specifically in the light of order dated 20.02.2023 by way of giving credence to the different observation arrived over at the time of passing order dated 20.02.2023 as fresh.

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However, it is made clear that the fresh arrival as directed herein by learned concerned court shall be expedited within a period of four months from the date of production of certified copy of this order, but after due opportunity of hearing to all concerns.

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The instant petition stands allowed accordingly.

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Order Date :- 24.2.2025 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Mohit v. State of Up and 4 Others

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Mohit v. State of Up and 4 Others

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