Dismissed¶11

Smt Deepti Ghawri and Another v. State of U.P. and 4 Others

Allahabad HC23 Jan 2025A482/42743/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Application U/S 482 No. 42743 of 2024 (decided 23.1.2025, Arun Kumar Singh Deshwal, J.), Smt Deepti Ghawri & Anr. v. State of U.P. & 4 Ors.; 482 Cr.P.C. quashing petition against ex parte order dated 15.05.2024 of Civil Judge (JD)/FTC Moradabad in Case No.1718 of 2020 under section 12 Domestic Violence Act; relief sought incl. eviction of opposite party no.4 from house EL-98 Deen Dayal Nagar Moradabad; AGA preliminary objection re appeal u/s 29 Protection of Women From Domestic Violence Act, 2005 / recall application; application dismissed as withdrawn with liberty to pursue appeal or other remedy.

What did the court decide?

Liberty to the applicants to withdraw and avail the remedy of appeal or any other remedy available under the law. ¶11

Smt Deepti Ghawri and Another vs State of U.P. and 4… — Domestic Violence | Allahabad HC (2025)

¶1

Court No. - 77

¶2

Case :- APPLICATION U/S 482 No. - 42743 of 2024

¶3

Applicant :- Smt Deepti Ghawri And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arun Kumar Singh Deshwal,J.

¶5

Heard Sri Ram Shiromani Yadav, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State.

¶6

The present 482 Cr.P.C. application has been filed for the following reliefs:

¶7

"It is, therefore, Most Respectfully Prayed that this Hon'ble Court may kindly be pleased to quash the impugned exparte order dated 15.05.2024 passed by the Civil Judge (Junior Division)/F.T.C., Moradabad in Case No.1718 of 2020, under section 12 of Domestic Violence Act.

¶8

It is further prayed that this Hon'ble Court may kindly be pleased to direct the respondent no.2 and 3 to evict the opposite party no.4 from the house no.EL-98 situated at Deen Dayal Nagar 1st City and District Moradabad and deliver the physical possession to applicants and thereafter also not create any hindrance in peaceful life, possession of the applicants especially with the life of the applicant no.2 who is a very much old person more than 72 years, and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case."

¶9

At the very outset, learned AGA has raised a preliminary objection that against the impugned order, there is provision of appeal u/s 29 of the Protection of Women From Domestic Violence Act, 2005 or being appellate order, the applicants may also file recall application to recall the same.

¶10

At this stage, learned counsel for the applicants has submitted that applicants want to withdraw the present application to avail the remedy of appeal or any other remedy available under the law.

¶11

In view of the aforesaid submission, present application is dismissed as withdrawn with the aforesaid liberty.

¶12

Order Date :- 23.1.2025 S.Chaurasia

¶13

Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad

Smt Deepti Ghawri and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt Deepti Ghawri and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ghanshyam Narayan Pandey vs State of U.P. and Another

Ashwani Kumar and 2 Others vs State of U.P. and Another

Satendra Kumar vs State of Up and Another

Atul Kumar Modi and Another vs State of Up and Another

Rajendra Kumar vs State of U.P. and 4 Others

Gurbhej Singh vs State of U.P. and 4 Others