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Allahabad High Court

MOHD AZAM AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court held that it has no jurisdiction to interfere with the notice issued under Section 12 of the Domestic Violence Act and dismissed the application.

Summary

The applicants, Mohd Azam and five others, filed an application under Section 482 of the CrPC challenging a notice issued by a magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The matter had earlier been referred to the Mediation and Conciliation Centre of the Allahabad High Court, where mediation was completed but no settlement was reached. The applicants argued that the notice was improper and sought interference by the High Court. The Court observed that proceedings under Section 12 are quasi‑civil and quasi‑criminal in nature and that the only requirement is the issuance of a notice, for which the applicants have an alternative remedy of filing an objection before the competent court. Consequently, the Court held that no interference was warranted and dismissed the application.

Issues considered

  • What is the scope of High Court interference under Section 482 CrPC in a notice issued under Section 12 of the Domestic Violence Act?
  • Whether the applicants have an alternative remedy to contest the notice without invoking the High Court’s inherent powers?

Legislation cited

Subjects

  • Domestic Violence Act
  • Section 12 notice
  • High Court jurisdiction
  • Section 482 CrPC
  • Mediation and Conciliation
  • Alternative remedy

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       APPLICATION U/S 482 No. - 8462 of 2024

                                    Mohd Azam And 5 Others
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Uns Ahmad Siddiqui
                                    Counsel for Opposite Party(s) : Anuj Kumar, G.A., Jitendra Pal Singh

                                    Court No. - 74
                                                         HON'BLE DEEPAK VERMA, J.

                                    1. Case called out in revised list. No one appeared to press this application
                                    on behalf of applicant. Counsel for the opposite party no. 2 is present.

                                    2. On perusal of record, it is evident that vide order dated 28.03.2024, the
                                    matter was referred to Mediation and Conciliation Centre, High Court,
                                    Allahabad. As per Mediation report dated 07.08.2024, mediation
                                    completed but no agreement entered between the parties. The applicants
                                    have challenged the notice dated 25.07.2023 issued by the learned court
                                    under Section 12 of D.V. Act.

                                    3. The proceedings under Section 12 of the D.V.Act are quasi civil and
                                    criminal in nature, wherein only notice is required to be issued. In present
                                    case, learned Magistrate has issued notice to the applicant against which
                                    applicant has filed present application. The applicants have an efficacious
                                    alternative remedy of filing objection before the competent court.

                                    4. No interference is warranted by this Court.

                                    5. The application is, accordingly, dismissed.



                                                                                            (Deepak Verma,J.)
                                    May 18, 2026
                                    Meenu Singh




Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad


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