Dismissed

Dr Deepti Varn Singh v. State of U.P. and Another

Allahabad HC27 Oct 2025NA528/41103/2025

Case brief

AI extract

What is this about?

The court dismissed the applicant's application under Section 528 BNSS seeking to quash a final order passed under Section 12 of the Domestic Violence Act. The court held that since an efficacious appeal was available under Section 29 of the Act, the high court's inherent powers under BNSS should not be exercised at that stage.

What the court decided

AI extract

Dr Deepti Varn Singh vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 41103 of 2025

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Dr Deepti Varn Singh

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Raksha Chauhan, Rishi Kant Rai, Upendra Kumar Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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Heard learned counsel for the applicant and learned A.G.A for the State. 2. The present application has been filed by applicant for quashing the order dated 15.09.2025 passed by Judicial Magistrate, Court No.9, Kanpur Nagar in Complaint Case No.3942 of 2012, (Smt. Bandna Singh Versus Dr. Deepti Varan Singh and another), under Section 12 of the D.V. Act (The Protection of Women from Domestic Violence Act, 2005) Police Station Chakeri, District Kanpur Nagar.

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It is submitted by learned counsel for applicant that applicant is husband and final order under Section 12 of the Domestic Violence Act has been passed on 15.9.2025, which is subject matter of challenge before this Court.

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On a query being made to learned counsel for applicant as to whether appeal would lie against the impugned order, learned counsel for applicant fairly submits that appeal would lie against the impugned order, however, in view of law laid down by the Apex Court in Shaurabh Kumar Tripathi Vs. Vidhi Rawal, 2025 INSC 734 , application under Section 528 BNSS would also be maintainable.

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It is further submitted by learned counsel for applicant that although three issues were framed in the impugned judgment, however, the aforesaid issues have not been decided by the trial court while passing the impugned order. It is further submitted by learned counsel for applicant that the divorce decree was passed by the court concerned on 6.7.2004 on the ground of cruelty and the application under Section 12 of the Domestic Violence Act has been allowed on the ground of relationship between husband and wife.

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NA528 No. 41103 of 2025

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It is to be seen that in the present case, impugned order has been passed under Section 12 of the Domestic Violence Act. It is not disputed by applicant that against the impugned order, appeal is maintainable before the appellate court under Section 29. On the strength of judgment of the Supreme Court in Shaurabh Kumar Tripathi (supra) , applicant has come up before this Court. It is to be seen that final order has been passed under Section 12 of the Domestic Violence Act. In the criminal litigation, there are various stages being provided under the Domestic Violence Act to challenge the order before the appellate court. Once final order has been passed, all the issues can be raised before the appellate court. This Court does not deem it proper, at this stage, to entertain the application under Section 528 BNSS when there is remedy available to the applicant, which is efficacious as appeal would lie before the appellate court.

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Accordingly, the application under Section 528 BNSS is dismissed.

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October 27, 2025 D. Tamang

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(Vikram D. Chauhan,J.)

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Dr Deepti Varn Singh v. State of U.P. and Another

Case brief

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Dr Deepti Varn Singh v. State of U.P. and Another

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