Allahabad High Court
DURGA PRASAD AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court held that the applicants must pursue an appeal under Section 29 of the Domestic Violence Act and the High Court will not quash the trial court's order.
Summary
The applicants filed a Section 528 B.N.S.S. application seeking to quash a criminal proceeding arising from a Section 12 complaint under the Protection of Women from Domestic Violence Act, 2005, filed by the respondent wife. The trial court had proceeded ex‑parte and ordered the applicants to pay Rs.4,000 and a one‑time compensation of Rs.20,000, which the applicants claimed was a malicious prosecution. The State opposed, pointing out that the applicants have a right to appeal under Section 29 of the Domestic Violence Act. The High Court examined the record and held that the appropriate remedy is to file an appeal under Section 29, and it will not interfere with the trial court's order. Consequently, the prayer to quash the complaint was refused, and the application was disposed.
Issues considered
- Whether the High Court can quash the criminal proceeding under Section 528 B.N.S.S. when an ex‑parte order has been passed under Section 12 of the Protection of Women from Domestic Violence Act.
- Whether the applicants have a statutory remedy to appeal the order under Section 29 of the Domestic Violence Act.
- Whether the ex‑parte order amounts to a malicious prosecution.
Legislation cited
Subjects
- Domestic Violence
- Section 12 application
- Quash criminal proceeding
- Ex‑parte order
- Section 29 appeal
- Malicious prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15781 of 2026
Durga Prasad And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Quasim Khan, Shams Uz Zaman
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants and learned A.G.A for the
State.
2. This 528 B.N.S.S. application has been filed by the applicants for
quashing the entire criminal proceeding in Complaint Case No.01 of 2025
(Durga Prasad & others vs. Smt.Sangini Sharma) under section 12 of the
Protection of Women From Domestic Violence Act, 2005, Police Station
Rasra, District Ballia, pending in the court of Judicial Officer, Village
Court Rasra, Ballia.
3. Learned counsel for the applicants submits that the applicant no.1 is
husband of opposite party no.2 and marriage of the opposite party no.2
was solemnized in the year 2023. Thereafter, some matrimonial dispute
arose between the applicant no.1 and opposite party no.2. Opposite party
no.2 filed application under Section 12 of the Protection of Women From
Domestic Violence Act and learned magistrate has issued notice against
the applicants and applicants filed objection but applicants could not
appear before trial court. Trial court proceeded ex-parte against the
applicants and decided the application of opposite party no.2 under
section 12 of Protection of Women From Domestic Violence Act with
direction that the applicants shall pay Rs.4,000/- to opposite party no.2
and Rs.20,000/- as one time compensation amount. Learned counsel for
the applicants submits that whole proceeding against the applicants is
malice prosecution and is liable to be set aside.
4. Learned AGA opposed the submission raised by learned counsel for
NA528 No. 15781 of 2026
2
the applicants and submits that by order dated 29.11.2025, applicants
have remedy to file appeal under section 29 of Domestic Violence Act.
5. Considered the argument raised by learned counsel for the applicants
and perused the record. Applicants have remedy to file appeal before
magistrate under section 29 of Domestic Violence Act. Court is not
inclined to interfere in the order dated 29.11.2025 passed by the Judicial
Officer, Village Court, Rasra, Ballia. Prayer for quashing the complaint
is, hereby, refused. However, if applicants file appeal within two weeks
before learned magistrate, the same shall be decided after hearing the
parties expeditiously in accordance with law.
6. With these observations, the application u/s 528 B.N.S.S. is disposed
of.
April 20, 2026
SKD
(Deepak Verma,J.)
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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