Allahabad High Court
SHRI SHARAD SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the domestic‑violence proceeding is refused; the trial court is directed to decide the pending objection.
Summary
The applicant, Sharad Singh, filed an application under Section 528 of the BNSS seeking to quash a domestic‑violence complaint (case no. 3095 of 2025) filed by his wife under Section 12 of the Protection of Women from Domestic Violence Act. He alleged the complaint was false, filed with malice, and that he was suffering from cancer. The court examined the record and noted that the parties are legally married and the complaint, though contested, must be examined by the trial court. Consequently, the court refused to quash the proceeding and directed the trial court to decide the applicant’s pending written statement/objection expeditiously. The application under Section 528 was therefore disposed of.
Issues considered
- Whether the complaint under Section 12 of the Protection of Women from Domestic Violence Act can be quashed on the ground that it is false and filed with malice.
- Whether the trial court should be directed to decide the pending written statement/objection filed by the applicant.
Legislation cited
Subjects
- Domestic Violence Act
- Section 12
- Section 528 BNSS
- quash of proceeding
- written statement
- objection
- marriage
- false complaint
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18599 of 2026
Shri Sharad Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Pal, Vishal Sunder
Saurabh Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
Order on Criminal Misc. (Amendment) Application No.Nil of 2026
1. Heard applicant's counsel on amendment application.
2. Applicant's counsel is permitted to make necessary amendment in the
prayer clause of the application.
3. Accordingly, the amendment application is allowed.
Order on petition
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. This application under Section 528 BNSS has been filed by the
applicant to quash the entire proceeding in complaint case no. 3095 of
2025 Shakshi Singh Versus Sharad Singh under section 12 of D.V. Act.
P.S. Sector-113, Noida, District Gautam Budh Nagar, pending in the
Court of Civil Judge (J.D.) /F.T.C.-2 Gautam Budh Nagar.
3. Applicant's counsel submits that applicant is husband of opposite party
no.2. Opposite party no.2 initiated proceeding U/s 12 of Protection of
Women from Domestic Violence Act with malice intention only to harass
the applicant. The complaint filed by opposite party No.2 is not supported
NA528 No. 18599 of 2026
2
by any material evidence and false story cooked up. Applicant is suffering
from Cancer and opposite party no.2 solemnized marriage with applicant
concealing the fact that she had earlier married with other person. He
further submits that opposite party No.2 is engaged in adultery. Applicant
after receiving notice, has filed objection/written statement before the
court concerned on 13.02.2026 and the same is pending and no order has
been passed. By way of present application, applicant has challenged the
entire proceeding and submit that the proceeding before trial court is not
maintainable and is liable to be set aside.
4. Considering the argument advanced by applicant's counsel and perused
the entire record, it is apparent that applicant and opposite party No.2 is
legally wedded wife and after marriage opposite party no.2 live with the
applicant and later, on account of some domestic dispute, she left her
matrimonial house and lodged complaint against the applicant. On
complaint of opposite party no.2, notice was issued to the applicant,
thereafter, applicant filed WS/objection before the trial court. The
proceeding U/s 12 of Protection of Women from Domestic Violence Act
pursuing criminal dispute and at this stage, it cannot be said that
complaint filed by opposite party no.2 is lodged on false story. It is
matter/power of trial court to examine evidence produce by the parties. In
view of that, the prayer for quashing the entire proceeding of the aforesaid
case, is hereby refused. However, since, the objection filed by applicant
before trial court is pending and no order has yet been passed, as such,
trial court is directed to decide the objection/Written Statement of the
applicant pending before trial court, expeditiously, in accordance with
law, after hearing both the parties.
5. With the aforesaid directions, this application under Section 528
BNSS stands disposed of.
(Deepak Verma,J.)
May 6, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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