Dhoom Singh Mavi vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Dhoom Singh Mavi vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of further proceedings against the applicants in Complaint Case No.6691 of 2022 till the next date of listing; notice on behalf of opposite party no.1 accepted by learned A.G.A.; notice issued to opposite party no.2 returnable at an early date; opposite parties may file counter affidavits within six weeks and rejoinder affidavit within two weeks thereafter; matter to be listed thereafter.

Issue for consideration

Whether the summoning order dated 11.02.2022 and the entire proceedings of Complaint Case No.6691 of 2022 (Dr.Sunil Tyagi vs. Dr.D.S.Mavi) under Sections 3, 4, 23, 25 of the Pre-Conception & Pre-natal Diagnostic Techniques Act, 1994, pending before the Chief Judicial Magistrate, Ghaziabad, are liable to be quashed.

Court's answer

Interim stay: till the next date of listing, further proceedings against the applicants in Complaint Case No.6691 of 2022 (Dr.Sunil Tyagi vs. Dr.D.S.Mavi) under Sections 3, 4, 23, 25 of the Pre-Conception & Pre-natal Diagnostic Techniques Act, 1994, pending before the Chief Judicial Magistrate, Ghaziabad, shall remain stayed. No final determination was made on the quashing prayer; the matter is to be listed after pleadings.

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Application U/S 528 BNSS No. 9798 of 2026, decided March 12, 2026 — Dhoom Singh Mavi v. State of U.P. and 2 Others. Application under Section 528 BNSS seeking quashing of the summoning order dated 11.02.2022 and the entire proceedings of Complaint Case No.6691 of 2022 (Dr.Sunil Tyagi vs. Dr.D.S.Mavi) under Sections 3, 4, 23, 25 of the Pre-Conception & Pre-natal Diagnostic Techniques Act, 1994, P.S. Loni Border, District Ghaziabad, pending before the Chief Judicial Magistrate, Ghaziabad. Counsel for the applicant submitted that the applicant is father-in-law of opposite party no.3, that the complaint arose out of a domestic dispute, that the parties have amicably settled, and that prima facie no offence is made out. The Court recorded that the matter requires consideration, accepted notice by the A.G.A. on behalf of opposite party no.1, issued notice to opposite party no.2 returnable at an early date, allowed counter affidavits within six weeks and rejoinder within two weeks thereafter, and directed that till the next date of listing further proceedings against the applicants in the complaint case shall remain stayed. Interim order only; no final view on quashing.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 9798 of 2026

Dhoom Singh Mavi

.....Applicant(s)

	Versus
State Of U.P. And 2 Others			.....Opposite Party(s)
Counsel for Applicant(s)	: Mohabbat Bi, Vineet Vikram	Sr.	Advocate,
Counsel for Opposite Party(s)	: G.A.
Court No.- 73

HON'BLE DEEPAK VERMA, J.

Heard Sri Imran Ullah, learned Senior Advocate assisted by Sri Mohabbat Bi and Sri Vineet Vikram, learned counsel for the applicant and learned A.G.A. for the State.

The present 528 B.N.S.S application has been filed to quash the summoning order dated 11.02.2022 as well as the entire proceedings of Complaint Case No.6691 of 2022 (Dr.Sunil Tyagi vs. Dr.D.S.Mavi), under Sections 3, 4, 23, 25 of Pre-Conception & Pre-natal Diagnostic Techniques Act, 1994, P.S. Loni Border, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad.

Learned counsel for the applicant submits that the applicant is fatherin-law of the opposite party no.3. On account of domestic dispute, present complaint was lodged by opposite party no.3 against the applicant. Now both the parties have amicably settled the dispute. He next submitted that prima-facie, no offence is made out against the applicant.

Matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable at an early date.

Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

NA528 No. 9798 of 2026

2

8. List thereafter.

Till the next date of listing, further proceedings against the applicants in Complaint Case No.6691 of 2022 (Dr.Sunil Tyagi vs. Dr.D.S.Mavi), under Sections 3, 4, 23, 25 of Pre-Conception & Pre-natal Diagnostic Techniques Act, 1994, P.S. Loni Border, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad, shall remain stayed.

March 12, 2026 SKD

(Deepak Verma,J.)

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad