Ajit @ Sonu and 4 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

Ajit @ Sonu and 4 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Prayer for quashing refused; application disposed of with a direction to the trial court to decide the applicants' objection under Section 31 D.V. Act expeditiously in accordance with law.

Issue for consideration

Whether the entire proceedings in Case No. 1478/2025 (Smt. Anita vs. Yogesh & Ors.) under Section 31 D.V. Act, P.S. Sadar Bazaar, District Saharanpur, pending before the Ld. Addl. Civil Judge (J.D.)/F.T.C/CAW, Saharanpur, ought to be quashed.

Court's answer

Prayer for quashing of the Section 31 D.V. Act proceedings is refused; the applicants are in-laws of opposite party no. 2 and their objection to the Section 31 application remains pending before the trial court.

Ratio / Principle

Since the Section 12 D.V. Act proceedings stand allowed, the appeal therefrom stands dismissed and the matter stands referred to the Mediation and Conciliation Centre, the trial court is directed to decide the applicants' objection as expeditiously as possible in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Application U/S 528 BNSS No. 18842 of 2026, disposed of on May 7, 2026. Applicants, who are in-laws of opposite party no. 2, sought quashing of the entire proceedings in Case No. 1478/2025 (Smt. Anita vs. Yogesh & Ors.) u/s 31 D.V. Act, P.S. Sadar Bazaar, District Saharanpur, pending before the Ld. Addl. Civil Judge (J.D.)/F.T.C/CAW, Saharanpur. HELD: prayer for quashing refused. Background as narrated by counsel: Section 12 D.V. Act proceedings were allowed vide order dated 13.10.2023 (directions against mental and physical torture and dispossession; interim maintenance of Rs.15,000/- to the wife and Rs.5,000/- per month to the minor daughter, total Rs.20,000/-); the husband's appeal under Section 29 D.V. Act was dismissed vide order dated 12.07.2024; Criminal Revision No.4121 of 2024 was referred to the Mediation and Conciliation Centre with stay of proceedings vide order dated 26.05.2025; and the applicants' objection to the Section 31 application is pending. The trial court was directed to decide the applicants' objection as expeditiously as possible in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 18842 of 2026

Ajit @ Sonu And 4 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Javed Husain Khan
Counsel for Opposite Party(s) : G.A.

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

Present application has been filed to quash the entire proceedings in Case No. 1478/2025 (Smt. Anita vs. Yogesh & Ors.) u/s 31 D.V. Act, P.S. Sadar Bazaar, District Saharanpur, pending before the Ld. Addl. Civil Judge (J.D.)/F.T.C/CAW, Saharanpur.

Counsel for the applicant submits that applicants are in-laws of opposite party no. 2. The opposite party no. 2 initiated proceedings against the applicants and her husband under Section 12 of D.V. Act and proceedings under Section 12 of D.V. Act was also allowed vide order dated 13.10.2023 with direction that the applicants and husband would not cause mental and physical torture and they would not dispossess the opposite party no. 2 from the matrimonial house. Further, the applicant-husband shall pay Rs.15000/to his wife and Rs.5000/- per month to minor daughter (total Rs.20,000/-) as interim maintenance. Thereafter, the husband of the opposite party no. 2 filed appeal under Section 29 of D.V. Act and the same was dismissed vide order dated 12.07.2024. Thereafter the husband of the opposite party no. 2 filed Criminal Revision No.4121 of 2024 before this Court and vide order dated 26.05.2025 the Co-ordinate Bench of this Court referred the matter to Mediation and Conciliation Centre and stayed the proceedings of the case. Counsel for the applicants next submits that applicants have filed objection before the concerned court against the application filed by the opposite party no. 2 under Section 31 of D.V. Act and same is pending till today and has not been decided by the court concerned.

Considered the argument and perused the record. The prayer for quashing of the proceedings is, hereby, refused. The applicants are in-laws and have filed objection against the application under Section 31 of D.V. Act and

NA528 No. 18842 of 2026

2

same is pending. Since the proceedings under Section 12 of D.V. Act has been allowed and thereafter the appeal has been dismissed and matter is referred to Mediation and Conciliation Centre, the trial court is directed to decide the objection of the applicants as expeditiously, as possible in accordance with law.

With the aforesaid direction, the application is disposed of.

(Deepak Verma,J.)

May 7, 2026 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad