Dismissed¶¶13

Arun Kumar Gupta and 4 Others v. State of U.P. and Another

Allahabad HC10 Nov 2025NA529/3984/2025

Case brief

AI extract

What is this about?

Quashing application (Application U/S 529 BNSS No. 3984 of 2025) dismissed by Allahabad High Court; appellate remedy available against ex-parte judgment dated 12.09.2025 under Section 12 Protection of Women from Domestic Violence Act (Case No. 4486 of 2024, Additional Civil Judge JD Court No. 7, Varanasi); applicants' counsel conceded appeal lies; liberty granted to approach Appellate Court; operative para cites Section 528 BNSS while title cites Section 529 BNSS.

What did the court decide?

Liberty granted to the applicants to approach the Appellate Court in accordance with law (i.e., to file an appeal against the impugned ex-parte judgment) ¶¶13

Arun Kumar Gupta and 4 Others 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 529 BNSS No. - 3984 of 2025

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Arun Kumar Gupta And 4 Others

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Neeraj Singh
Counsel for Opposite Party(s)		: G.A.

¶5

Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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Heard learned counsel for the applicants and learned AGA for the State.

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This application has been filed by the applicants for quashing the impugned ex-parte judgment and order dated 12.09.2025 passed by Additional Civil Judge (Junior Division) Court No.7, Varanasi in Case No. 4486 of 2024 (Smt. Arti Vs. Arun Kumar Gupta and others) in proceeding under Section 12 of the Protection of Women from Domestic Violence Act, P.S. Sarnath, District Varanasi.

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Learned counsel for the applicants submits that ex parte judgment has been passed under Section 12 of the Domestic Violence Act concealing the fact that opposite party no. 2 is working in the Banaras Hindu University.

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Against the impugned ex parte judgment, the applicants have a remedy to file an appeal which learned counsel for the applicants does not dispute.

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NA529 No. 3984 of 2025

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¶13

In view of the aforesaid, this Court declines to entertain the present application. Accordingly, the present application filed under Section 528 BNSS is dismissed. However, liberty is granted to the applicants to approach the Appellate Court in accordance with law.

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(Vikram D. Chauhan,J.)

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November 10, 2025 VMA

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Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

Arun Kumar Gupta and 4 Others v. State of U.P. and Another

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Arun Kumar Gupta and 4 Others v. State of U.P. and Another

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