Himanshu Saini and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:84019

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 13705 of 2025

Applicant :- Himanshu Saini And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Sunil Vashisth, learned counsel for the applicants, who are four in number and Sri Moti Lal, learned A.G.A. for the State.

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This is an application under Section 528 of BNSS preferred by the applicants for quashing of Complaint Case No. 18798 of 2022, Smt. Minakshi Vs. Himanshu and others including the summoning order dated 13.9.2022 passed in aforesaid complaint case, under section 12 of Domestic Violence Act, pending before Additional Civil Judge (J.D.) Court No. 2 Meerut.

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Learned counsel for the applicants has submitted that applicant no.1 is husband, applicant no.2 father-in-law, applicant no.3 sisterin-law and applicant no.4 is maternal mother-in-law. Marriage of the applicant stood solemnized with O.P. No.2 on 06.07.2014. Learned counsel for the applicants further submit that as per the provisions of Section 2(f) of the Act, there is no domestic relationship between applicant nos. 2 to 4 and O.P. No.2. He further submits that applicant nos. 2 to 4 also cannot be termed to be respondents in the complaint under Section 2(q) of the Act. Apart from the same, the post-marriage, O.P. No.2 was living with her husband/applicant no.1, thus there is no shared household under Section 2(s) of the Act. Submission is that there is no averment worth consideration in the complaint so as to show that there has been any domestic violence. According to him, the court below in a routine manner has only issued notices. He thus submits that the complaint itself is not maintainable and it is liable to be set aside.

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Learned A.G.A. on the other hand submits that from the perusal of the complaint, prima facie, the allegations are there, thus it

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cannot be said that the complaint would not be maintainable. He further submits that at the stage of challenge of complaint, the merits cannot be seen and further he has invited attention of the Court towards Annexure-5 at page-44 of the paper-book being a reply/objection of the applicants filed before the court below on 26.11.2024.

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I have heard the submissions so made across the Bar and perused the record carefully.

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Plainly and simply, at this stage, challenge has been raised to the complaint as well as a further action of issuing notice to the applicants. A perusal of the complaint would reveal that instances of domestic violence so sought to be meted to the O.P. No.2 at the instance of the applicants are there. Even in the complaint, an allegation is that O.P. No.2 was dislodged and thrown away from the house.

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This Court at this juncture is not required to go into the merits of allegations as they are subject matter of adjudication. Whether there happens to be a joint shared-household is a question of fact, which requires adjudication when the complaint proceeds. As per the allegations prima facie the applicants appear to be aggrieved persons under Section 2(a) of the BNSS. Since the applicants themselves have filed their objection/ reply on 26.11.2024 contesting the matter on merits and in absence of any order passed under Chapter IV of the D.V. Act 2005, it would not be appropriate at this stage to interfere. However, it is for the applicants to contest the matter on merits taking all legal and factual ground, which are admissible and permissible under law and this Court has no reason to disbelieve that the same shall be considered in correct perspective. If any orders are passed under Chapter IV of the Act, then it is always open to challenge in accordance with law.

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With the said observations, the application stands disposed of .

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Order Date :- 20.5.2025 N.S.Rathour

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(Vikas Budhwar, J)

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Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad

Himanshu Saini and 3 Others v. State of U.P. and Another

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