Allahabad High Court

AJIT @ SONU AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: DEEPAK VERMA

Holding

The application to quash the proceedings was refused, and the trial court was directed to decide the pending Section 31 objection promptly.

Summary

The applicants, who are in‑laws of the opposite party, filed an application under Section 528 of the CrPC seeking to quash the entire proceedings in a domestic‑violence case (Smt. Anita v. Yogesh & Ors.) pending before the Additional Civil Judge, Saharanpur. The opposite party had earlier obtained an order under Section 12 of the Protection of Women from Domestic Violence Act directing the applicants and their husband not to cause mental or physical torture and to pay interim maintenance, which was upheld on appeal under Section 29. The husband then filed a criminal revision, leading the High Court to refer the matter to a Mediation and Conciliation Centre and stay the proceedings. The applicants have also lodged an objection to the opposite party’s application under Section 31 of the Act, which remains pending. The High Court held that the application to quash the proceedings could not be entertained and directed the trial court to decide the pending objection expeditiously. Consequently, the application was dismissed.

Issues considered

Whether an application to quash the entire domestic‑violence proceedings can be entertained when a Section 31 objection is pending.
Whether the prior orders under Sections 12 and 29 of the Domestic Violence Act preclude the quashing of the case.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528
Protection of Women from Domestic Violence Act, 2005 — s. 12, 29, 31

Subjects

Domestic Violence
Section 12
Section 29
Section 31
Quash application
Mediation and Conciliation Centre
Interim maintenance
High Court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18842 of 2026

Ajit @ Sonu And 4 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Javed Husain Khan
Counsel for Opposite Party(s) : G.A.

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

1. Heard learned counsel for the applicant; learned A.G.A. for the State
and perused the record.

2. Present application has been filed to quash the entire proceedings in
Case No. 1478/2025 (Smt. Anita vs. Yogesh & Ors.) u/s 31 D.V. Act, P.S.
Sadar Bazaar, District Saharanpur, pending before the Ld. Addl. Civil
Judge (J.D.)/F.T.C/CAW, Saharanpur.

3. Counsel for the applicant submits that applicants are in-laws of opposite
party no. 2. The opposite party no. 2 initiated proceedings against the
applicants and her husband under Section 12 of D.V. Act and proceedings
under Section 12 of D.V. Act was also allowed vide order dated 13.10.2023
with direction that the applicants and husband would not cause mental and
physical torture and they would not dispossess the opposite party no. 2 from
the matrimonial house. Further, the applicant-husband shall pay Rs.15000/-
to his wife and Rs.5000/- per month to minor daughter (total Rs.20,000/-) as
interim maintenance. Thereafter, the husband of the opposite party no. 2
filed appeal under Section 29 of D.V. Act and the same was dismissed vide
order dated 12.07.2024. Thereafter the husband of the opposite party no. 2
filed Criminal Revision No.4121 of 2024 before this Court and vide order
dated 26.05.2025 the Co-ordinate Bench of this Court referred the matter to
Mediation and Conciliation Centre and stayed the proceedings of the case.
Counsel for the applicants next submits that applicants have filed objection
before the concerned court against the application filed by the opposite party
no. 2 under Section 31 of D.V. Act and same is pending till today and has
not been decided by the court concerned.

4. Considered the argument and perused the record. The prayer for quashing
of the proceedings is, hereby, refused. The applicants are in-laws and have
filed objection against the application under Section 31 of D.V. Act and
NA528 No. 18842 of 2026
2

same is pending. Since the proceedings under Section 12 of D.V. Act has
been allowed and thereafter the appeal has been dismissed and matter is
referred to Mediation and Conciliation Centre, the trial court is directed to
decide the objection of the applicants as expeditiously, as possible in
accordance with law.

5. With the aforesaid direction, the application is disposed of.

(Deepak Verma,J.)
May 7, 2026
Meenu Singh

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

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