Allahabad High Court
SMT. RADHIKA DEVIversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- PRASHANT MISHRA I
Holding
The court held that, in the absence of any legal impediment and with no objection from the State, the trial court must decide the recovery case within two months, and the application is disposed.
Summary
The applicant, Smt. Radhika Devi, filed an application under Section 529 of the Criminal Procedure Code seeking an expeditious disposal of a recovery case (No. 298/XII/2018) filed under Section 31(1) of the Domestic Violence Act. The recovery case, arising from a domestic violence petition filed on 27.08.2018, had seen no monetary recovery despite execution proceedings. The State's Additional Government Advocate raised no objection to the applicant's request. The court, noting the absence of any legal impediment, directed the trial court to decide the matter within two months of receiving the certified copy of the order, without unnecessary adjournments. Consequently, the application was disposed with the directive for speedy resolution.
Issues considered
- Whether the trial court should be directed to expedite the pending recovery case under Section 31(1) of the Domestic Violence Act.
- Whether any legal impediment exists that would prevent a two‑month timeframe for disposal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 529
- Protection of Women from Domestic Violence Act, 2005 — s. 12, 31(1)
Subjects
- Domestic Violence
- Recovery Order
- Expeditious Disposal
- Section 529 CrPC
- Adjournments
- Execution Proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 529 BNSS No. - 2009 of 2026
Smt. Radhika Devi
.....Applicant(s)
Versus
State Of U.P. And 6 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gyanendra Kumar Mishra,
Ramesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 84
HON'BLE PRASHANT MISHRA-I, J.
1. Supplementary affidavit filed today by learned counsel
for the applicant is taken on record.
2. Heard Mr. Ramesh Kumar Mishra, learned counsel for
the applicant and learned A.G.A. representing the State
and perused the record.
3. The instant application has been preferred by the
applicant with a prayer for expeditious disposal of Recovery
Case No. 298/XII/2018 (Smt. Radhika Devi vs. Pappu and
others), under Section 31(1) of Domestic Violence Act,
pending in the court of learned Special C.J.M.
Prayagraj/Allahabad since 27.08.2018, arising out of O.S.
No. 770/2011 (Smt. Radhika Devi Vs. Pappu and Others),
under Section 12 of Domestic Violence Act, Police Station
Mau-Aima, District Prayagraj/Allahabad, within stipulated
time.
4. It is apprised by learned counsel for the applicant that
the execution proceedings were filed on 27.08.2018 and till
date not a single penny has been received to the applicant.
NA529 No. 2009 of 2026
2
5. Learned A.G.A. has no objection to the innocuous prayer
of the applicant.
6. In view of the above, it is directed that the learned trial
court concerned shall make all endeavour to decide the
aforesaid case expeditiously preferably within a period of
two months from the date of production of certified copy of
this order, if there is no legal impediment, without granting
unnecessary adjournments to either of the parties.
7. With the aforesaid direction, this application is disposed
of.
(Prashant Mishra-I,J.)
May 7, 2026
Kashifa
Digitally signed by :-
KASHIFA
High Court of Judicature at Allahabad
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