Disposed

Sunil Kumar and Another v. State of U.P. and 2 Others

Allahabad HC2 May 2025NA528/5498/2025

Case brief

AI extract

What is this about?

Applicants sought quashing of domestic violence complaint proceedings, claiming they are Nandoi and Nanad who do not fall within the respondent definition under Section 2(q) and have no domestic relationship under Section 2(f). Counsel agreed to appear before the court below; the High Court found nothing to interfere with at this stage and disposed of the application.

What the court decided

AI extract

Sunil Kumar and Another vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:70019

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Court No. - 73

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Case :- APPLICATION U/S 528 BNSS No. - 5498 of 2025

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Applicant :- Sunil Kumar And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Rahul Kumar Sharma, learned counsel for the applicants as well as Sri Vikash Sharma, learned State Law Officer for the State/opposite party no.1.

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This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 898 of 2016 (Smt. Neeraj Kumari and another Vs. Sanjeev Kumar @ Sanju and others) under Section 12, 18, 19, 20, 21, 22, 23 of Protection of Women From Domestic Violence Act, 2005, Police Station Hasayan, District Hathras

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Learned counsel for the applicants submits that the applicant no. 1 is Nandoi and applicant no. 2 is Nanad and they have been falsely implicated in the proceedings under Section 12, 18, 19, 20, 21, 22, 23 of Protection of Women From Domestic Violence Act, 2005. Learned counsel for the applicants submits that the applicants are innocent and they do not answer the description of the respondent as per Section 2(q) and there is no domestic relationship within the definition of Section 2(f) of the Act. He submits that the proceedings be quashed.

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Learned State Law Officer on the other hand submits that only notices have been issued and it is for the applicants to contest the matter and take all legal and factual grounds.

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At this juncture, learned counsel for the applicants submits that they shall put in their appearance and take all legal and factual grounds. The court below is directed to consider the same in correct perspective.

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Considering the submissions of the rival parties as well as stand taken by them, this is Court of the opinion that it is always open for the applicants to approach the court below and put in

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appearance there and take all legal issues which this Court has not reason to disbelieve the same. Apart from the same, there is nothing on record to interfere at this stage.

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Accordingly, the application stands disposed of .

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Order Date :- 2.5.2025 A. Prajapati

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

Sunil Kumar and Another v. State of U.P. and 2 Others

Case brief

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What the court decided

Sunil Kumar and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What the court decided

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