Allahabad High Court
SMT SHRUTIversusPRADEEP SHARMA @ PANKAJ
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court held that the Additional Chief Judicial Magistrate Court must decide the complaint within six months of the order, in accordance with Section 12(5) of the Protection of Women from Domestic Violence Act, 2005.
Summary
The petitioner, Smt Shruti, a wife, filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking a direction that the Additional Chief Judicial Magistrate Court No. 4, Ghaziabad, expedite the pending complaint (Case No. 04 of 2025) and decide it within the period prescribed under Section 12(5). The petitioner’s counsel argued that the proceedings were unduly delayed and required a time‑bound disposal. The High Court, after considering the facts and the counsel’s submission, exercised its supervisory jurisdiction under Article 227 and directed the magistrate to decide the complaint within six months of the production of a certified copy of the order. The order was issued on 21 September 2026, and the petition was thereafter disposed. The direction aims to ensure a speedy resolution of the domestic violence complaint as mandated by the Act.
Issues considered
- Whether the High Court can, under Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, direct a lower court to expedite and decide a domestic violence complaint within a specified time‑frame.
Legislation cited
- Protection of Women from Domestic Violence Act, 2005 — s. 12, 12(5)
Subjects
- Domestic Violence
- Protection of Women from Domestic Violence Act
- Section 12
- Section 12(5)
- Expeditious trial
- High Court supervisory jurisdiction
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13075 of 2026
Smt Shruti
.....Petitioner(s)
Versus
Pradeep Sharma @ Pankaj
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar
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 has been filed with a prayer to direct the
Additional Chief Judicial Magistrate Court No. 4th, Ghaziabad
to expedite the Complaint Case No. 04 of 2025 (Smt. Shruti Vs
Pradeep Sharma @ Pankaj) under Sections 12 of Protection of
Women From Domestic Violence Act, 2005 Police Station-
Teelamod, District Ghaziabad and proceed on day to day basis
and conclude the same as per provision of under section 12(5)
of Protection of Women From Domestic Violence Act, 2005
within stipulated period.
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 wife.
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 Additional Chief Judicial
Magistrate Court No. 4th, Ghaziabad to decide the Complaint
Case No. 04 of 2025 (Smt. Shruti Vs Pradeep Sharma @
Pankaj) under Section 12 of Protection of Women From
Domestic Violence Act, 2005, Police Station-Teelamod,
A227 No. 13075 of 2026
2
District Ghaziabad within a period of six months 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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