Allahabad High Court
JAWAHAR LAL AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court held that the application under Section 528 is to be disposed of, directing the magistrate to decide the pending objection without granting any relief to the applicants.
Summary
The applicants filed a Section 528 BNSS application seeking to quash a notice dated 12‑July‑2024 and related proceedings in a domestic‑violence case (Case No. 127/12/24, Nitesh v. Amit). The applicants, who are in‑laws and a sister‑in‑law of the opposite party, alleged that the complaint filed by the opposite party (her legally wedded wife) under Sections 12, 18, 20 and 22 of the Domestic Violence Act was malicious, noting that the opposite party had earlier filed a criminal FIR (Crime No. 225 of 2021) in which the applicants were exonerated. The District Probation Officer’s report indicated that the alleged physical assault was unsupported by evidence, and the applicants had raised an objection before the trial magistrate, which remained unadjudicated. The State’s counsel did not dispute the lack of a magistrate order on the objection. The High Court directed the magistrate to decide the objection promptly and disposed of the Section 528 application. Consequently, the application was dismissed without further order.
Issues considered
- Whether the notice and proceedings under the Domestic Violence Act filed by the opposite party can be quashed on the ground of malicious intent.
- Whether the magistrate’s failure to decide the applicants’ objection warrants intervention by the High Court.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 354, 498-A, 506
- Protection of Women from Domestic Violence Act, 2005 — s. 12, 18, 20, 22
Subjects
- Domestic Violence Act
- Section 528 BNSS
- malicious complaint
- objection to proceedings
- magistrate order
- quash notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51940 of 2025
Jawahar Lal And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Anil Kumar
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. The present 528 BNSS application has been filed to quash the notice
dated 12.7.2024 as well as further proceedings of Case No. 127/12/24(Nitesh
vs. Amit) under Section 12, 18, 20, 22 of Domestic Violence Act, Police
Station Sasni, District Hathras.
3. Learned counsel for the applicants submits that applicant Nos. 1 & 2 are
in-laws and applicant No.4 is sister-in-law of opposite party No.2. Marriage
of opposite party No.2 was solemnized with applicant No.1 on 24.7.2017.
Thereafter opposite party lived with the applicants but on account of some
domestic dispute, opposite party No.2 filed present complaint under Section
12, 18, 20, 22 of Domestic Violence Act. He further submits that opposite
party No.2 had also initiated criminal proceeding against the applicants by
lodging FIR being Case Crime No.225 of 2021 under Section 498-A, 323,
354, 506 IPC and Section 3/4 Dowry Prohibition Act and in that
proceeding, in-laws and sister-in-law were exonerated. It is submitted that
present complaint has been filed with malice intention. The District
Probation Officer has submitted report that allegation in the complaint is of
physical assault, however, it is not supported by any evidence. Learned
counsel further submitted that applicants have filed objection before the trial
court against proceedings under Sections 12,18,20 & 22 of Domestic
Violence Act, wherein learned Court has not passed any order.
Hence, proceedings against applicants being malicious are liable to be set
aside.
4. Learned AGA has not disputed the fact that no order has been passed by
NA528 No. 51940 of 2025
2
the learned Magistrate on the objection of the applicants.
5. Considered the arguments of learned counsel for the applicants and the
learned AGA. It is admitted case that opposite party No.2 is the legally
wedded wife and in the complaint filed by opposite party No.2, notices were
issued against the applicants and objection has also been filed by the
applicants before the learned Magistrate.
6. In view of above, learned Magistrate is directed to decide the objection of
the applicants in the complaint case as early as possible.
7. With above direction, the instant application is disposed of.
(Deepak Verma,J.)
April 20, 2026
P.P.
Digitally signed by :-
POONAM PATEL
High Court of Judicature at Allahabad
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