Allahabad High Court
SMT SHALINI KAPILAversusNEERAJ KAPILA
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court exercised its supervisory jurisdiction under Article 227 and directed the District and Sessions Court to dispose of the pending criminal and domestic violence cases within one year.
Summary
The petitioner, Smt Shalini Kapila, filed a petition under Article 227 seeking a direction to the District and Sessions Court, Agra, to conclude pending criminal and domestic violence proceedings against the respondent, Neeraj Kapila. The petition concerned Criminal Miscellaneous Case No. 7225 of 2023 (under Section 340 read with Section 190 of the CrPC) and Complaint Case No. 25631 of 2021 (under Section 12 of the Domestic Violence Act). The petitioner argued that the lower court had delayed the cases and requested a time‑bound disposal. The High Court, after considering the facts and the petitioner's counsel, exercised its supervisory jurisdiction and ordered the lower court to decide both matters within one year of the certified copy of the order. The order was signed by Justice Vikram D. Chauhan, and the petition was disposed with the said direction.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct a lower court to expedite pending criminal and domestic violence proceedings
- Whether such a direction to dispose of cases within a stipulated period is permissible under the CrPC and the Domestic Violence Act
Legislation cited
- Code of Criminal Procedure, 1973 — s. 190, 340
- Protection of Women from Domestic Violence Act, 2005 — s. 12
Subjects
- supervisory jurisdiction
- Article 227
- domestic violence
- Criminal Procedure Code
- Section 12 DVA
- Section 190 CrPC
- Section 340 CrPC
- time-bound disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13066 of 2026
Smt Shalini Kapila
.....Petitioner(s)
Versus
Neeraj Kapila
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Garg, Yash
Garg
Counsel for Respondent(s) :
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for
the State.
2. The present petition is filed with the following prayer:-
"i. Issue an Order or direction to the court to decide and conclude the
proceedings of Criminal Misc. Case no. 7225 of 2023 (Shalini Vs Neeraj
Kapila) u/s 340 CrPC read with Section 190 CrPC, Police Station-New
Agra, District Agra, pending in the court of the Learned Additional Civil
Judge (Junior Division), Court no. 4, Agra arising out of the Complaint
Case no.25631 of 2021 (Shalini Kapila Vs Neeraj Kapila & Others)
under section 12 of the Domestic Violence Act, expeditiously within a
stipulated period as this Hon'ble Court deem fit so under the facts and
circumstances of the case."
3. Learned counsel for the petitioner submits that the proceedings
before the court concerned be directed to be concluded in a time
bound manner. It is submitted by learned counsel for the
petitioner that the petitioner is the complainant.
4. Considering the facts and circumstances of the case and the
submission of learned counsel for the petitioner, the petition is
disposed of with a direction to the District and Sessions
Court, Agra to decide the Complaint Case No.25631 of 2021
A227 No. 13066 of 2026
2
(Shalini Kapila Vs Neeraj Kapila & others) under Section 12 of
the Domestic Violence Act along with Criminal Misc. Case
No.7225 of 2023 (Shalini Vs Neeraj Kapila) along with
application under Section 340 Cr.P.C. read with Section 190
Cr.P.C., Police Station-New Agra, District Agra, within a period
of one year from the date of production of a certified copy of this
order.
September 21, 2026
D. Tamang
(Vikram D. Chauhan,J.)
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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