Disposed¶15

Kamlesh Kumar Shriwastva v. State of U.P. and Another

Allahabad HC18 May 2026NA528/20182/2026

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application — prayer to quash ex-parte order under Section 12 PWDVA refused; application disposed of. Impugned order dated 27-08-2025 of Civil Judge (J.D.)/F.T.C., Court No. 03, Ballia in Criminal Misc. Case No. 8226 of 2020 (Smt. Swati Srivastava Vs. Kamlesh Kumar Shriwastva), PS Bansdech, District Ballia, awarded Rs.10,000/- per month interim maintenance under Section 20 D.V. Act and Rs.1 lakh compensation. Court noted applicant paid nothing to opposite party no. 2; remedy of appeal or recall of ex-parte order. Kamlesh Kumar Shriwastva v. State of U.P. and Another; Deepak Verma, J.; decided 18-05-2026.

What did the court decide?

None to the applicant; the prayer to quash was refused, with the observation that the applicant may file an appeal or seek recall of the ex-parte order. ¶15

Kamlesh Kumar Shriwastva vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 20182 of 2026

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Kamlesh Kumar Shriwastva

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	: Alok Kumar Srivastava	Srivastava, Shweta
Counsel for Opposite Party(s)	: G.A.

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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

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Present application has been filed to quash the impugned order dated 27-08-2025 passed the learned Civil Judge (J.D.)/ F.T.C., Court No. 03, Ballia in Criminal Misc. Case No. 8226 of 2020 (Smt. Swati Srivastava Vs. Kamlesh Kumar Shriwastva) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 Police Station Bansdech, District Ballia.

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Counsel for the applicant submits that by the impugned order dated 2708-2025, the learned Magistrate allowed the application under Sections 12 of Protection of Women from Domestic Violence Act and decided exparte with direction that applicant-husband shall pay Rs.10,000/- per month as interim maintenance under Section 20 of D.V. Act and Rs.1 lakh as compensation. Counsel for the applicant submits that order impugned has been passed ex-parte and instant proceedings is malicious only to harass the applicants. It is next submitted that marriage was solemnized in the year 2018 and thereafter one child born. The opposite party no. 2 herself left the house of applicants.

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Considered the argument of counsel for the applicant and perused the record. On perusal of complaint and order impugned challenge herein disclose that applicant is husband of opposite party no. 2 and marriage

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NA528 No. 20182 of 2026

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was solemnized in the year 2018. The applicant and opposite party no. 2 both have second marriage and after marriage opposite party no.2 lived with applicant. Thereafter on account of domestic violence, opposite party no. 2 filed present application. The learned Magistrate, after considering the contents of complaint, allowed the application of opposite party no. 2 and awarded Rs.Rs.10,000/- per month as interim maintenance under Section 20 of D.V. Act and Rs.1 lakh as compensation. It is also apparent that applicant has not paid single penny to the opposite party no. 2. The prayer to quash the proceedings, prima facie, is not being considered and is, hereby, refused.

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However, the applicant has remedy to file appeal or recall of the exparte order.

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The application is, accordingly, disposed of.

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(Deepak Verma,J.)

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May 18, 2026 Meenu Singh

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

Kamlesh Kumar Shriwastva v. State of U.P. and Another

Case brief

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Kamlesh Kumar Shriwastva v. State of U.P. and Another

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