Shri Sharad Singh vs State Of U.P. And Another
- Neutral2026:AHC:103949
Ratio decidendi
The rule this decision rests on
At the stage of proceedings under section 12 of the Protection of Women from Domestic Violence Act, where a complaint has been lodged and notice issued to the accused, the complaint cannot be characterized as false merely on the basis of arguments advanced by the accused; it remains the function of the trial court to examine the evidence produced by the parties to determine the veracity of the allegations. A petition to quash proceedings under section 12 of the Protection of Women from Domestic Violence Act will not be entertained at the stage where the accused's written statement or objection remains pending decision before the trial court; instead, the trial court must be directed to decide such pending written statement or objection expeditiously after hearing both parties in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
2. Applicant's counsel is permitted to make necessary amendment in the prayer clause of the application.
3. Accordingly, the amendment application is allowed.
Order on petition
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceeding in complaint case no. 3095 of 2025 Shakshi Singh Versus Sharad Singh under section 12 of D.V. Act. P.S. Sector-113, Noida, District Gautam Budh Nagar, pending in the Court of Civil Judge (J.D.) /F.T.C.-2 Gautam Budh Nagar.
3. Applicant's counsel submits that applicant is husband of opposite party no.2. Opposite party no.2 initiated proceeding U/s 12 of Protection of Women from Domestic Violence Act with malice intention only to harass the applicant. The complaint filed by opposite party No.2 is not supported by any material evidence and false story cooked up. Applicant is suffering from Cancer and opposite party no.2 solemnized marriage with applicant concealing the fact that she had earlier married with other person. He further submits that opposite party No.2 is engaged in adultery. Applicant after receiving notice, has filed objection/written statement before the court concerned on 13.02.2026 and the same is pending and no order has been passed. By way of present application, applicant has challenged the entire proceeding and submit that the proceeding before trial court is not maintainable and is liable to be set aside.
4. Considering the argument advanced by applicant's counsel and perused the entire record, it is apparent that applicant and opposite party No.2 is legally wedded wife and after marriage opposite party no.2 live with the applicant and later, on account of some domestic dispute, she left her matrimonial house and lodged complaint against the applicant. On complaint of opposite party no.2, notice was issued to the applicant, thereafter, applicant filed WS/objection before the trial court. The proceeding U/s 12 of Protection of Women from Domestic Violence Act pursuing criminal dispute and at this stage, it cannot be said that complaint filed by opposite party no.2 is lodged on false story. It is matter/power of trial court to examine evidence produce by the parties. In view of that, the prayer for quashing the entire proceeding of the aforesaid case, is hereby refused. However, since, the objection filed by applicant before trial court is pending and no order has yet been passed, as such, trial court is directed to decide the objection/Written Statement of the applicant pending before trial court, expeditiously, in accordance with law, after hearing both the parties.
5. With the aforesaid directions, this application under Section 528 BNSS stands disposed of.
(Deepak Verma,J.)
May 6, 2026
Nitin Verma
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