Arjun Pandey Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

Arjun Pandey Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with a direction that Case No.1585 of 2023 (Smt. Chitra Pandey Vs. Arjun Pandey) under Section 12 of the Domestic Violence Act, Police Station Dhoomanganj, District Prayagraj, be decided within a month in terms of the compromise entered into between the parties; in case the court is vacant, the Chief Judicial Magistrate, Prayagraj shall transfer the case to the court of competent jurisdiction to carry out the order.

Issue for consideration

Whether the pending Case No.1585 of 2023 (Smt. Chitra Pandey Vs. Arjun Pandey) under Section 12 of the Domestic Violence Act should be decided expeditiously in terms of the compromise entered into between the parties.

Court's answer

The matter being matrimonial in nature and having ended in compromise, all cases arising out of the matrimonial dispute shall be given quietus at an early date.

Ratio / Principle

Case No.1585 of 2023 (Smt. Chitra Pandey Vs. Arjun Pandey), under Section 12 of the Domestic Violence Act, Police Station Dhoomanganj, District Prayagraj, shall be decided within a month in terms of the compromise entered into between the parties.

Key takeaways

In case the court wherein the case is pending is vacant, the Chief Judicial Magistrate, Prayagraj shall exercise his jurisdiction to transfer the case to the court of competent jurisdiction to carry out the order.ratio¶18

Detailed headnote1 paragraphs

Matrimonial dispute — Application under Section 529 BNSS (No. 3484 of 2025) by husband seeking expeditious disposal of wife's case under Section 12 of the Domestic Violence Act (Case No.1585 of 2023, Smt. Chitra Pandey Vs. Arjun Pandey, P.S. Dhoomanganj, District Prayagraj) pending before the Additional Chief Judicial Magistrate, Court No.16, Allahabad — Matrimonial discord amicably resolved; parties entered into compromise; divorce by mutual consent under Section 13-B, Hindu Marriage Act, 1955 allowed and permanent alimony of Rs.15 lakhs deposited before the Registrar — Held: the matter being matrimonial in nature and ended in compromise, all cases arising out of the matrimonial dispute shall be given quietus at an early date; the Domestic Violence Act case to be decided within a month in terms of the compromise; if the court is vacant, the Chief Judicial Magistrate, Prayagraj to transfer the case to a court of competent jurisdiction — Application disposed of. (Paras 7-10)

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 3484 of 2025

Arjun Pandey

.....Applicant(s)

	Versus
State Of U.P. And Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Abhishe Pandey, Praveen Singh
Counsel for Opposite Party(s)	: G.A.

Court No. - 83

HON'BLE AVNISH SAXENA, J.

Sri Rahul Pandey, learned counsel for the opposite party no.2 has filed the vakalatnama, the same is taken on record.

Heard Sri Praveen Singh, learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

Learned counsel for the applicant submits that the applicant and opposite party no.2 are husband and wife, whose matrimonial discord has been amicably resolved as such, seeks interference of this Court in speeding up the matter pending before the court of Additional Chief Judicial Magistrate, Court No.16, Allahabad, Case No.1585 of 2023 (Smt. Chitra Pandey Vs. Arjun Pandey) under Section 12 of Domestic Violence Act, Police Station Dhoomanganj, District Prayagraj. It is further submitted that the applicant has already preferred an application under Section 528 B.N.S.S. No.13448 of 2025 (Arjun Pandey Vs. State of U.P. and another), which is pending. He further submits that the petition under Section 13-B of the Hindu Marriage Act, 1955 has been allowed and the amount of permanent alimony of Rs.15 lakhs is already deposited before the Registrar of this Court.

Learned counsel for the opposite party no.2 admits the contention of the learned counsel for the applicant.

Learned A.G.A. for the State submits that the matter is matrimonial in nature and the parties have already entered into compromise.

NA529 No. 3484 of 2025

2

On further query, learned counsel for the applicant submits that the court, wherein the case is pending, is vacant. He further submits that neither the application under Section 528 B.N.S.S. contain the details of the present case nor the present relief has been sought in that matter. It is, therefore, prayed that the matter detailed above be decided on the basis of compromise.

This Court has taken into consideration the rival submissions made by the parties and is of the view that the matter being matrimonial in nature and ended in compromise. As such, all the cases arose out of matrimonial dispute shall be given quietus at an early date.

Let the Case No.1585 of 2023 (Smt. Chitra Pandey Vs. Arjun Pandey), under Section 12 of Domestic Violence Act, Police Station Dhoomanganj, District Prayagraj be decided within a month in terms of the compromise entered into between the parties.

In case the court is vacant, the Chief Judicial Magistrate, Prayagraj shall exercise his jurisdiction to transfer the case to the court of competent jurisdiction, to carry out order.

Hence, the application is accordingly disposed of .

(Avnish Saxena,J.)

October 6, 2025 Shivangi

Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad