Aman Kumar and 6 Others vs Shrimati Soni Chaudhary and 3… — Domestic Violence | Allahabad HC (2025)

Aman Kumar and 6 Others vs Shrimati Soni Chaudhary and 3… — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only (matter not finally disposed): impugned Domestic Violence Act proceedings in case no. 1943/2025 and the summoning order dated 21.08.2025 stayed till the next date of listing (10.12.2025); matter to be sent to the Mediation and Conciliation Center of the Court with respondent no.1's consent; applicant no.1 and respondent no.1 directed to appear again on 10.12.2025; applicant directed to place a demand draft of Rs.40,000/- in the name of respondent no.1 by the next date.

Issue for consideration

Whether the proceedings in case no. 1943/2025 ('Smt.Soni Chaudhary & others Vs Aman Kumar & others') filed on 27.06.2025 under Sections 12 and 16-20 of the Domestic Violence Act, together with the summoning order dated 21.08.2025, pending before the Civil Judge (Junior Division) (FTC) (Crime Against Women), District Hardoi, should be quashed and set aside. +2 more

Ratio / Principle

Till the next date of listing, the impugned proceedings (case no. 1943/2025 and the summoning order dated 21.08.2025) shall remain stayed; the case is listed on 10.12.2025.

Key takeaways

As respondent no.1 raised no objection, the matter is to be sent to the Mediation and Conciliation Center of the Court.ratio¶21
Applicant no.1 and respondent no.1 shall again appear before the Court on the next date of listing (10.12.2025).ratio¶23
The applicant is directed to place a demand draft of Rs.40,000/- before the Court in the name of respondent no.1 (Smt. Soni Chaudhary) by the next date of listing.ratio

Detailed headnote1 paragraphs

Aman Kumar & 6 others v. Shrimati Soni Chaudhary & 3 others — Application U/S 528 BNSS No. 1463 of 2025, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 14, Hon'ble Rajeev Singh, J., order dated November 26, 2025. The applicants seek quashing of the proceedings in case no. 1943/2025 ('Smt.Soni Chaudhary & others Vs Aman Kumar & others', filed 27.06.2025) under Sections 12, 16, 17, 18, 19 & 20 of the Domestic Violence Act, and of the summoning order dated 21.08.2025, pending before the Civil Judge (Junior Division) (FTC) (Crime Against Women), District Hardoi. Per the Court's earlier order dated 03.11.2025: applicant no.1 married opposite party no.1 in 2007 and two children were born; after about 17 years of marriage, tongue carcinoma of applicant no.1 was reported on 27.06.2025, following which opposite party nos.1-3 went to her parents' home at Hardoi; counsel indicated a possibility of settlement through the Mediation Center, and the SHO, P.S. Kotwali Sahar, was directed to produce the opposite parties on 26.11.2025. On 26.11.2025, opposite party no.1 having no objection, the Court sent the matter to the Mediation and Conciliation Center, stayed the impugned proceedings till the next date of listing, listed the case on 10.12.2025, directed fresh appearance of applicant no.1 and respondent no.1, and required the applicant to place a demand draft of Rs.40,000/- in the name of respondent no.1 by that date.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1463 of 2025

Aman Kumar And 6 Others

.....Applicant(s)

Versus

Shrimati Soni Chaudhary And 3 Others

		....	.Opposite Party(s)
Counsel for Applicant(s)	: Ashutosh Tripathi	Dubey, Utkarsh,	Vaibhav
Counsel for Opposite Party(s)	: G.A.
Court No.- 14

HON'BLE RAJEEV SINGH, J.

Vakalatnama filed by Sri Ram Naresh Singh, Advocate on behalf of opposite party no.1 is taken on record.

On 3.11.2025, following order was passed :-

Heard learned counsel for the applicants as also the learned A.G.A. and perused the record.

The applicants have filed this application with the following prayer:

?Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the proceeding in case no. 1943/2025 bearing "Smt.Soni Chaudhary & others Vs Aman Kumar & others" filed on 27.06.2025 (ANNEXURE-1) AND summoning order dated 21.08.2025 (ANNEXURE-2) currently pending before Learned Civil Judge (Junior Division) (FTC) (Crime Against Women) District Hardoi under section 12 of Domestic Violence Act along with sections 16,17,18,19 & 20 of Domestic Violence Act in the interest of justice.

To stay the further proceeding in Criminal Case No. 1943/2025 and summoning order dated 21.08.2025, "Smt. Soni Chaudhary & others Vs Aman Kumar & others.", currently pending before Learned Civil Judge (Junior Division) (FTC) (Crime Against Women) District Hardoi under section 12 of Domestic Violence Act along with sections 16,17,18,19 & 20 of Domestic Violence Act during the pendency of this Petition before this Hon'ble Court in the interest of justice.

NA528 No. 1463 of 2025

2

Any other relief, order or direction which this Hon'ble court may deem fit in the facts and circumstances of the case may also be passed in the favour of the Petitioner.?

Learned counsel for the applicant has submitted that marriage of the applicant No. 1 was solemnized with the opposite party No. 1 in the year 2007. Out of their wedlock, two children (opp. party Nos. 2 and 3 herein) were born. It is further submitted that after about 17 years of marriage, as and when a tongue carcinoma was reported to the applicant No. 1 on 27.06.2025, the opposite party No. 1 alongwith opposite party Nos. 2 and 3 left the house of the applicant No. 1 and went to her parents home at Hardoi. He further submitted that on the basis of concocted facts case in question under Section 12 of the Domestic Violence Act has been filed by the private respondents and there is a possibility of settlement, in case the matter is sent to the Mediation Center. List this case on 26.11.2025. On that date Applicant No. 1 as well as the opposite party Nos. 1, 2 and 3 shall appear before this Court.

Station House Officer, P.S. Kotwali Sahar, Tehsil and District Hardoi, is directed to ensure presence of (1) Smt. Soni Chaudhary W/o Aman Kumar; (2) Km. Mudita Chaudhary (Minor) D/o Aman Kumar and (3) Himanshu Chaudhary, (Minor) S/o Aman Kumar/opposite party Nos. 1, 2 and 3 respectively, C/o Smt. Soni Chaudhary, R/o Village Kanhaipurva, Circular Road, Hardoi, before the court on the next date of listing, i.e. 26.11.2025.

In pursuance of aforesaid order, applicant no.1 as well as respondent nos.1 to 3 are present.

Respondent no.1 has no objection, in case, matter is sent to the Mediation and Conciliation Center of this Court.

List this case on 10.12.2025.

On the next date, applicant no.1 and respondent no.1 shall again appear before this Court.

Till the next date of listing, impugned proceedings shall remain stayed.

The applicant is directed to place a demand draft of Rs.40,000/before this Court in the name of respondent no.1 - Smt. Soni

NA528 No. 1463 of 2025

3

Chaudhary by the next date.

(Rajeev Singh,J.)

November 26, 2025

GauraV/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench