Ajit @ Sonu And 4 Others vs State Of U.P. And Another
- Neutral2026:AHC:106061
Ratio decidendi
The rule this decision rests on
A prayer to quash proceedings under the Domestic Violence Act cannot be granted where the proceedings under Section 12 of the Act have already been allowed, an appeal thereon has been dismissed, and the matter has been referred to a Mediation and Conciliation Centre; instead, the trial court must proceed to decide any pending objections filed under Section 31 of the Act expeditiously and in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
2. 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.
3. 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.
4. 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 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.
5. With the aforesaid direction, the application is disposed of.
(Deepak Verma,J.)
May 7, 2026
Meenu Singh
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