Amit Kumar Singh and 7 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

Amit Kumar Singh and 7 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the applicants to put in their appearance before the court below and take all legal and factual contentions (to be considered strictly in accordance with law), with liberty to pursue available remedies if any order under Chapter-IV of the Act is later passed; no quashing ordered.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the cognizance and summoning order dated 08.08.2024, and of the pending Miscellaneous Criminal Case no.1512/2024 under Section 12 of the Protection of Women From Domestic Violence Act, 2005 pending before the Additional Civil Judge (J.D.)/Judicial Magistrate, Court no.-06, Ghazipur, should be allowed.

Court's answer

The application is disposed of with liberty to the applicants to put in their appearance before the court below and take all legal and factual contentions, which the Court has no reason to disbelieve shall be considered strictly in accordance with law.

Ratio / Principle

Should any order under Chapter-IV of the Act subsequently be passed, it remains open to the applicants to take whatever remedy is available under law.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vikas Budhwar, J.), Neutral Citation 2025:AHC:60797; APPLICATION U/S 528 BNSS No. 41091 of 2024, Amit Kumar Singh and 7 others v. State of U.P. and another (complainant: Juhi Patel), Order Date 23.4.2025. The applicants (husband, his brothers, sisters, mother and a relative) sought under Section 528 BNSS the quashing of the cognizance and summoning order dated 08.08.2024 and of the pending Miscellaneous Criminal Case no.1512/2024 (Juhi Patel Vs. Amit Kumar Singh and others) instituted under Section 12 of the Protection of Women From Domestic Violence Act, 2005 before the Additional Civil Judge (J.D.)/Judicial Magistrate, Court no.-06, Ghazipur, contending they had been unnecessarily roped in. As no order under Chapter-IV of the Act had been passed (only a notice issued and the D.P.O.'s report called), the Court disposed of the application, granting liberty to appear before the trial court and take all legal and factual contentions, which it indicated would be considered strictly in accordance with law, and leaving the applicants free to avail themselves of available remedies should any Chapter-IV order be passed.

Neutral Citation No. - 2025:AHC:60797

Court No. - 73

Case :- APPLICATION U/S 528 BNSS No. - 41091 of 2024

Applicant :- Amit Kumar Singh And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Giri,Shivam Verma Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Pawan Giri, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State.

This is an application under Section 528 of BNSS preferred by the applicant for quashing the cognizance as well as summoning order dated 08.08.2024, passed by the Court of Learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court no.-06, Ghazipur inCriminal Case no.1512/2024, (Juhi Patel Vs. Amit Kumar Singh and others), U/s. 12 of Protection of Women From Domestic Violence Act, 2005, pending in the Court of Learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court no.-06, Ghazipur, Police Station Kotwali, District Ghazipur and further to quash the Miscellaneous Criminal Case no.1512/2024, (Juhi Patel Vs. Amit Kumar Singh and others), U/s. 12 of Protection of Women From Domestic Violence Act, 2005, pending in the Court of Learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court no.-06, Ghazipur, Police Station Kotwali, District Ghazipur.

Learned counsel for the applicants submits that a complaint stood lodged by O.P. No.2 against the applicant, wherein the applicant no.1 is the husband, applicant nos. 2, 3 and 4 are brothers of the applicant no.1, applicant nos. 5 and 6 are sisters of applicant no.1, applicant no.7 is the mother of applicant no.1 and applicant no.8 is a relative of the applicant no.1. Marriage of the applicant stood solemnized with O.P. No.2 in the year 2013. Learned counsel for the applicant submits that the applicants have been roped in and unnecessary been dragged-in in the Domestic Violence Act. He submits that the applicants are innocent and there is no iota of evidence or even otherwise, which could implicate the applicants.

Learned A.G.A. on the other hand submits that the applicants have just come against an order wherein notice was issued to the applicants by the court below and the report of D.P.O. was called. He submits that no cause of action whatsoever has arisen.

I have heard learned counsel for the parties and after perusing the record, it is apparent that O.P. No.2 has lodged proceedings under Section 12 of the D.V. Act. On a pointed query being raised to the learned counsel for the applicant as to whether there happens to be any order passed under Chapter- IV of the Act, the reply is in negative. Learned counsel for the applicant submits that the applicant shall be putting her appearance before the court below and placing all the legal and factual issues, and the court be directed to consider the same in correct perspective.

Accordingly, the application stands disposed of granting liberty to the applicants to put their appearance and to take all legal and factual contentions, which, the Court has no reason to disbelieve, shall be considered strictly in accordance with law and in case, any order under Chapter IV of the Act is passed, then it is always open for the applicant to take remedy as available under law.

Order Date :- 23.4.2025 N.S.Rathour

(Vikas Budhwar, J)

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