Smt Rajni vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

Smt Rajni vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants in Sessions Case No. 1158 of 2025 until the next date of listing (11.03.2026); notice to opposite party no. 2 returnable within three weeks; counter affidavits within two weeks. The quashing prayer remains undecided on merits.

Issue for consideration

Whether the charge-sheet no. 85 of 2025 dated 11.05.2025, the summoning order dated 22.07.2025 and the entire proceedings of Sessions Case No. 1158 of 2025 arising out of Case Crime No. 56 of 2025 should be quashed, as prayed for by the applicant. +1 more

Court's answer

The court held that the matter requires consideration; the quashing prayer was not decided on merits at this stage. Notice was ordered to be issued to opposite party no. 2 returnable within three weeks, both opposite parties were permitted to file counter affidavits within two weeks, and the application was listed for 11.03.2026.

Ratio / Principle

As an interim measure, the court directed that no coercive action shall be taken against the applicants in Sessions Case No. 1158 of 2025 (State Vs. Shivam Goswami and others), arising out of Case Crime No. 56 of 2025, pending in the court of Special Judge, SC/ST Act, Meerut, until the next listing date of 11.03.2026.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 19), Sanjiv Kumar, J. — Application u/s 528 BNSS No. 35888 of 2025, Smt Rajni v. State of U.P. and Another, decided January 22, 2026. The applicant sought quashing of charge-sheet no. 85 of 2025 dated 11.05.2025, summoning order dated 22.07.2025 and the entire proceedings of Sessions Case No. 1158 of 2025 (State Vs. Shivam Goswami and others), arising out of Case Crime No. 56 of 2025 under Sections 115(2), 351(2), 110, 61(2) BNS, Police Station Civil Lines, District Meerut, pending before the Special Judge, SC/ST Act, Meerut. Submissions: no allegation in the FIR of her presence at the place of occurrence or participation; a matrimonial dispute is pending between her and the first informant’s brother along with other family members; complaints under the Domestic Violence Act and regarding dowry/harassment are on record; the proceedings against her are an abuse of process of law. Disposition: the court held the matter requires consideration, issued notice to opposite party no. 2 returnable within three weeks, allowed counter affidavits within two weeks, listed the matter for 11.03.2026, and directed as an interim measure that no coercive action be taken against the applicants till then. The merits of the quashing prayer were not decided at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35888 of 2025

Smt Rajni

.....Applicant(s)

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

Court No. - 19

HON'BLE SANJIV KUMAR, J.

Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record.

This application u/s 528 BNSS has been filed on behalf of the applicants with the prayer to quash charge-sheet no. 85 of 2025 dated 11.05.2025, summoning order dated 22.07.2025 as well as entire proceedings of Sessions Case No. 1158 of 2025 (State Vs. Shivam Goswami and others), arising out of Case Crime No. 56 of 2025, under Sections 115(2), 351(2), 110, 61(2) BNS, Police Station Civil Lines, District Meerut, pending in the court of Special Judge, SC/ST Act, Meerut.

It is submitted on behalf of the applicant that there is no allegation against her in the FIR to show that she was present at the place of occurrence or took part in the commission of offence. It is further submitted that a matrimonial dispute is pending between her and the first informant's brother, along with other family members. In this regard, copies of complaint filed under the Domestic Violence Act and complaint with regard to dowry and harassment has been placed on record. It is further submitted that there is no evidence against the applicant, therefore, the entire proceedings against her is an abuse of process of law.

Matter requires consideration.

Issue notice to opposite party no.2 returnable within three weeks.

NA528 No. 35888 of 2025

2

Both opposite parties may file their respective counter affidavits within two weeks.

List on 11.03.2026.

Till then, no coercive action shall be taken against the applicants in Sessions Case No. 1158 of 2025 (State Vs. Shivam Goswami and others), arising out of Case Crime No. 56 of 2025, under Sections 115(2), 351(2), 110, 61(2) BNS, Police Station Civil Lines, District Meerut, pending in the court of Special Judge, SC/ST Act, Meerut.

(Sanjiv Kumar,J.)

January 22, 2026

Subham

Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad