Pooja Gautam Vs State of U.P. and 3 Others — Domestic Violence | Allahabad HC (2025)

Pooja Gautam Vs State of U.P. and 3 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: the Court concerned to endeavour to decide Criminal Case No. 382 of 2022 within two months from production of a certified copy of the order (if there is no legal impediment); no unnecessary adjournments to be sought or granted by/to either party; and all stake holders (Presiding Officer, police, executive authorities, counsels, parties, staff) bound to assist the Court for expeditious disposal.

Issue for consideration

Whether the court concerned (Addl. Chief Judicial Magistrate, Court No.3, Aligarh) should be directed to decide the pending Criminal Case No. 382 of 2022 under the Protection of Women from Domestic Violence Act expeditiously within a stipulated period.

Court's answer

The Court concerned is directed to make all endeavours to decide Criminal Case No. 382 of 2022 within a period of two months from the date of production of a certified copy of this order before it, if there is no legal impediment.

Ratio / Principle

It is further directed that no unnecessary adjournment will be sought or granted in the matter by/to either of the parties.

Key takeaways

Besides the Presiding Officer, all stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order, and it is their responsibility to assist the Court in every manner for expeditious disposal of the case.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 80; Hon'ble Nalin Kumar Srivastava, J.; Order Date 6.5.2025; Neutral Citation 2025:AHC:74046) disposed of Application U/S 529 BNSS No. 162 of 2025 filed by Pooja Gautam, the aggrieved wife/complainant, praying for expedited disposal of Criminal Case No. 382 of 2022, (Pooja Gautam Vs. Kishan Pratap Singh and others) under Sections 12, 14, 17, 18, 19, 21, 22 of the Protection of Women from Domestic Violence Act (PS Jawan, District Aligarh), pending since 2022 in the Court of Addl. Chief Judicial Magistrate, Court No.3, Aligarh. The Court, considering the factual matrix and the object of the Domestic Violence Act, directed the court concerned to make all endeavours to decide the case within two months from production of a certified copy of the order, if there is no legal impediment; further directed that no unnecessary adjournment be sought or granted by/to either party; and declared that besides the Presiding Officer, all stake holders (police, executive authorities, counsels, parties, staff) are bound by the order to assist in every manner for expeditious disposal. With these observations, the application stood disposed of.

Neutral Citation No. - 2025:AHC:74046

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 162 of 2025

Applicant :- Pooja Gautam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Criminal Case No.382 of 2022, (Pooja Gautam Vs. Kishan Pratap Singh and others) under Section 12, 14, 17, 18, 19, 21, 22 of the Protection of Women from Domestic Violence Act, Police Station Jawan, District Aligarh pending in the Court of Addl. Chief Judicial Magistrate, Court No.3, Aligarh, expeditiously within a stipulated period.

Heard learned counsel for the applicant as well as learned A.G.A. for the State.

It is submitted by the learned counsel for the applicant that the present case has been filed by the applicant / aggrieved wife under the Domestic Violence Act and the same was registered before the court concerned on 2022 and since then it is pending. Applicant is the wife / complainant and she wants speedy trial of case. Pleadings have almost completed in this case but the case is unnecessarily being delayed by opposite parties by adopting delaying tactics. Therefore, it is urged that the court concerned may be directed for expeditious disposal of the aforesaid case.

I have considered the submissions and perused the record.

In the factual matrix of the case and also considering the object of the Domestic Violence Act, the Court concerned is directed to make all endeavours to decide the aforesaid case within a period of two months from the date of production of certified copy of this order before it, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties.

It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

With the above observations, the application stands disposed of.

Order Date :- 6.5.2025 ss

Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad