Priti Yadav Vs State of U.P. and 10 Others — Domestic Violence | Allahabad HC (2025)

Priti Yadav Vs State of U.P. and 10 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court of Additional Chief Judicial Magistrate, Kushinagar at Padrauna to decide Application No. 1644 of 2022 (Section 12, Protection of Women from Domestic Violence Act) within two months from production of a certified copy of the order, if there is no legal impediment; no unnecessary adjournment to be sought/granted; all stakeholders (police, execution authorities, advocates, parties, staff) bound to assist in expeditious disposal.

Issue for consideration

Whether the High Court should direct the trial court to decide Application No. 1644 of 2022 under Section 12 of the Protection of Women from Domestic Violence Act, pending since 2022 before the ACJM, Kushinagar at Padrauna, expeditiously within a stipulated period.

Court's answer

The applicant, being the wife of opposite party no. 2, has a right to expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself; the trial court had been little liberal towards opposite party nos. 2 to 11, who were not cooperating with the progress of the case.

Ratio / Principle

The court concerned is directed to decide the DV Act case within two months from the date of production of a certified copy of the order before it, if there is no legal impediment, and it is further directed that no unnecessary adjournment will be sought or granted.

Key takeaways

The Court/Presiding Officer is not the only stakeholder in trial and disposal of a case; besides the P.O. concerned, all stakeholders — police and execution authorities, advocates, parties to the case, staff etc. — are bound by the order and it is their responsibility to assist the Court in every manner for expeditious disposal.ratio¶13

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Nalin Kumar Srivastava, J.; order dated 18.4.2025) — Application under Section 483 Cr.P.C., captioned 'APPLICATION U/S 529 BNSS No. 769 of 2025', filed by Priti Yadav, wife of opposite party no. 2, praying for a direction to decide her Application No. 1644 of 2022 under Section 12, Protection of Women from Domestic Violence Act (Police Station Kasya, District Kushinagar), pending since 2022 before the Additional Chief Judicial Magistrate, Kushinagar at Padrauna. From the order sheets the Court found the case pending since 2022, observed that the trial court appeared 'little liberal' towards opposite party nos. 2 to 11, who had not filed objections and were not cooperating with the progress of the case. Holding that the applicant-wife has a right to expeditious disposal of the case under the Domestic Violence Act — its object and mandate — the Court directed the court concerned 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 will be sought/granted, and declared that besides the Presiding Officer all stakeholders (police and execution authorities, advocates, parties, staff) are bound by the order to assist in expeditious disposal. Application disposed of.

Neutral Citation No. - 2025:AHC:57568

Court No. - 80

Case :- APPLICATION U/S 529 BNSS No. - 769 of 2025

Applicant :- Priti Yadav Opposite Party :- State Of U.P. And 10 Others Counsel for Applicant :- Arun Kumar,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to decide the Application No. 1644 of 2022, under Sections 12 Protection of Women from Domestic Violence Act, Police Station Kasya, District Kushinagar pending in the Court of Additional Chief Judicial Magistrate, Kushinagar at Padrauna expeditiously within 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 applicant is the wife of opposite party no.2 and present case is pending since 2022. It is also submitted that the opposite party nos.2 to 11 are not cooperating with the Court concerned and are adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. They have not filed their objection to the said application so far. Applicant is a lady and and she has no means for her livelihood. She is not in a position to attend the Court for the pairvi of the case on each and every date.

Learned AGA opposed the prayer.

I have considered the submissions and perused the record.

It reveals from the perusal of the order sheets that the aforesaid case is pending since the year 2022 and the trial court appears to be little liberal towards the opposite parties nos. 2 to 11. They have not filed objection so far and no strict action was taken by the trial court. The opposite party nos.2 to 11 are not cooperating with the progress of the case. Applicant is the wife of opposite party no.2 and she has a right for expeditious disposal of the case under the Domestic Violence Act, which is the object and mandate of the Act itself. In the circumstances, the Court concerned is directed to

decide the aforesaid case within 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.

It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, 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 :- 18.4.2025 safi

Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad