Ganga Sharan Sharma And 7 Others vs State Of U.P. And Another
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Allahabad High Court

Ganga Sharan Sharma And 7 Others vs State Of U.P. And Another on 15 April, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:54971
 
Court No. - 73
 

 
Case :- APPLICATION U/S 528 BNSS No. - 9344 of 2025
 

 
Applicant :- Ganga Sharan Sharma And 7 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gyan Chandra Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Gyan Chandra Yadav, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State.

3. This application u/s 528 of BNSS has been filed for quashing the entire proceeding of Complaint Case/Criminal Misc. Case No. 5248 of 2024 (Smt. Anjali Sharma Vs. Deepak Sharma and others), U/s 12, 17, 18, 19, 20, 21, 22 of Protection of Women from Domestic Violence Act, 2005, P.S. Falawada, District Meerut and summoning order dated 29.11.2024, pending in the Court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 6, Meerut.

4. Learned counsel for the applicant has submitted that the proceedings purported to be under Section 12, 17, 18, 19, 20, 21, 22 of the DV Act stood initiated against the opposite party no. 2 in which certain orders were passed on 12.02.2025 under Section 12 against which the applicants has preferred a recall application which is apparent from page 33 of the paper book in which date has been fixed. Learned counsel for the applicant has relied upon the judgment of a Coordinate Bench of this Court in Application U/s 482 No. 14626 of 2019 decided on 22.01.2025 so as to contend that since there was no specific allegation against the applicants and the applicants in the said case did not answer the definition of the respondent under Section 2q and they did not have any domestic relationship as per Section 2f, thus, the application would not be maintainable against the applicants herein as they are on the same platform. He submits that the entire proceedings are illegal.

5. Learned State Law Officer, on the other hand, submits that once the applicants has itself preferred an application for recalling of the order and if it is maintainable then the same would be decided otherwise the remedy lies under Section 29 of the DV Act. Learned State Law Officer submits that the legal points which have been sought to be raised would be addressed by the court below which is competent to decide the said application.

6. Considering the submissions so made across the bar and since there exists statutory remedies available, thus, it is always open for the applicants to avail the same and, in case, such a remedy which is available under law and permissible is being availed or has already been availed then the Court has no reasons to disbelieve then the same shall be decided strictly in accordance with law with most expedition.

7. Accordingly, the application stands disposed of.

Order Date :- 15.4.2025

Rajesh