Ramesh Chandra v. State of U.P. and Another

Allahabad HC2 May 2025A482/4564/2025

Case brief

AI extract

What is this about?

Section 482 CrPC application for quashing DV Act proceedings dismissed as appealable under Section 29 DV Act; liberty granted to file appeal and seek condonation of delay under Limitation Act; maintenance adjustment issue left for appellate court.

What did the court decide?

Liberty to file appeal under Section 29 of the Domestic Violence Act and to seek condonation of delay under the Limitation Act. ¶¶10

Ramesh Chandra vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:69972

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 4564 of 2025

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Applicant :- Ramesh Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- G.A.,Lal Mani Singh,Praveen Kumar Singh

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Hon'ble Vikas Budhwar,J.

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Heard Sri Lal Mani Singh, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer the State.

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This application u/s 482 has been preferred for quashing the entire proceedings of Case No. 757 of 2013 under Section 12 of Domestic Violence Act, 2005, Police Station Barra, District Kanpur Nagar (Smt. Santoshi Devi Vs. Ramesh Chandra) as well as judgment and order dated 25.11.2024 passed by Additional Civil Judge (Junior Division-7), Kanpur Nagar by which Rs. 5,000/-as maintenance is not adjusted in amount which has been awarded in proceeding under Section 125 Cr.P.C. vide order dated 25.11.2017 passed by Additional Principal Judge, Family Court, Kanpur Nagar as well as judgment and order dated 17.01.2018 passed by Additional Session Judge Court No. 1 Kanpur Nagar which relates to grant maintenance to opposite party no. 2 at the rate of Rs. 5,000/, pending in the Court of Additional Civil Judge (Junior Division-7), Kanpur Nagar.

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A preliminary objection has been raised by the learned AGA that the order passed on 25.11.2024, under Section 12 of the DV Act is appealable under Section 29 of the Act. Learned counsel for the applicant submits that the applicant shall be preferring an appeal under Section 29 of the DV Act.

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Learned counsel for the applicant could not dispute the fact.

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Accordingly, the application is stands disposed of, leaving it open for the applicant to take appropriate legal remedy as available and permissible under law.

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At this juncture, learned counsel for the applicant submits that already the appeal would be the time barred, thus, delay be condoned. In the opinion of the Court, it is always open for the

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applicant to take all grounds which are available for condonation of delay as per the limitation act and this Court has no reasons to disbelieve that the same shall be considered in true perspective sympathetically.

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Order Date :- 2.5.2025 Rajesh

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Ramesh Chandra v. State of U.P. and Another

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Ramesh Chandra v. State of U.P. and Another

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