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Allahabad High Court

MOHD. ARSHAD AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The notice issued by the magistrate is just and proper; the application for quashing the complaint is dismissed.

Summary

The applicants filed a Section 528 B.N.S.S. application seeking to quash a criminal proceeding initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005, in which the opposite party alleged domestic violence by her husband and his relatives. The court examined the complaint and found that the opposite party is the legally wedded wife of the first applicant and that the complaint discloses a prima facie offence. The magistrate’s issuance of a notice was held to be proper and not a miscarriage of justice. The court observed that the applicants have a remedy to raise objections before the trial court rather than seeking quashal at this stage. Consequently, the application for quashing the complaint was refused and the application was disposed of.

Issues considered

  • Whether the notice issued by the magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005, can be quashed under Section 528 of the Criminal Procedure Code.
  • Whether the complaint discloses a prima facie offence warranting continuation of proceedings.
  • Whether the applicants have a remedy to object before the trial court instead of seeking quashal.

Legislation cited

Subjects

  • Domestic Violence
  • Section 12
  • Section 528 CrPC
  • Quashing of criminal proceedings
  • Protection of Women from Domestic Violence Act
  • Matrimonial dispute
  • Notice

Judgment

        HIGH COURT OF JUDICATURE AT ALLAHABAD

          APPLICATION U/S 528 BNSS No. - 48248 of 2025



Mohd. Arshad And 3 Others
                                                           .....Applicant(s)
                                 Versus
State of U.P. and Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)            :   Abhishek     Dwivedi,  Farooq
                                        Qamar Khan, Mohammad Belal,
                                        Nafees Ahmad
Counsel for Opposite Party(s)       :   Atal Bihari Tripathi, Shyam
                                        Kishore Tripathi, G.A.

Court No. - 74


                   HON'BLE DEEPAK VERMA, J.

1. Heard learned counsel for the applicants, learned counsel for the
opposite party no.2 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.1183 of
2024 (Afsana Khan vs. Mohd.Arshad and others), under section 12 of the
Protection of Women From Domestic Violence Act, 2005, Police Station
Bhoganipur, District Kanpur Dehat, pending in the court of learned Civil
Judge (Senior Division)/Judicial Magistrate, F.T.C. (Crime against
Women), Kanpur Nagar.


3. Learned counsel for the applicants submits that the opposite party no.2
lodged proceeding under section 12 Domestic Violence Act against the
applicants, is malice prosecution only to harass the applicants. Applicant
No.1 is husband and applicant nos. 2 to 4 are in-laws of opposite party
no.2. Prima-facie no offence under alleged section is made out against the
applicants. Issuance of notice by learned magistrate is without application
of judicial mind. It is alleged in the complaint that opposite party no.2
marriage was solemnized with the applicant no.1 in the year 2024
thereafter, on account of some domestic dispute, opposite party no.2 was
ousted from her matrimonial house, then present complaint has lodged.


4. Learned AGA and learned counsel for the opposite party no.2
vehemently opposed the submission raised by learned counsel for the
                                                                                                 NA528 No. 48248 of 2025
                                                                      2

                                        applicants and submitted that earlier notice was issued against the
                                        applicants and applicants should appear before the trial court and may file
                                        objection there.


                                        5. Considered the argument raised by learned counsel for the applicants
                                        and perused the record. From the record, it is admitted fact that opposite
                                        party no.2 is legally wedded wife of applicant no.1 and after marriage she
                                        lived with the applicants. Thereafter on account of some domestic
                                        dispute, present complaint has lodged and only notice has been issued
                                        against the applicants and applicants have challenged the notice. From
                                        perusal of complaint under section 12 of Domestic Violence Act, prima-
                                        facie offence disclose against the applicants. Notice issued by learned
                                        magistrate is just and proper. Moreover, applicants have remedy to file
                                        objection before magistrate. Prayer for quashing the complaint is, hereby,
                                        refused. However, if applicants file objection before trial court, 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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