Allahabad High Court
Adarsh Yadav And 3 Others vs State Of U.P. And 2 Others on 24 April, 2026
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:92564
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16840 of 2026
Adarsh Yadav And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Chandra Narayan Mishra
Counsel for Opposite Party(s)
:
G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
2. Present application has been filed to quash the summoning order dated 18-03-2026 as well as entire proceedings of Complaint Case no. 671 of 2025 (Smt. Priyanka and another Vs. Adarsh Yadav and others) under section 12 of Domestic Violence Act Police Station- Bharthana, District- Etawah, pending in the court of Additional Chief Judicial Magistrate, Court No. 1. Etawah.
3. Counsel for the applicant submits that instant application has been filed against the notice issued to the applicants under Section 12 of the D.V. Act. The opposite party no. 2 is wife and opposite party no. 3 is minor son of applicant no.1 and after marriage due to domestic violence and other matrimonial dispute, the opposite party no. 2 initiated proceedings under Sections 498-A, 354, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act against the applicants by filing Crl. Misc. W.P. No.10892 of 2025. The Co-ordinate Bench of this Court vide order dated 27.05.2025 stayed the proceedings of the case. Thereafter the opposite party no. 2 initiated proceedings under Section 12 of Domestic Violence Act, 2005. The allegation alleged in the complaint is malicious. All persons have been summoned in the present case. The notices issued against the applicants under Section 12 D.V. Act is illegal, arbitrary and abuse of the process of the Court. The order impugned is liable to be set aside. In support of his submission, counsel for the applicant has placed reliance upon the judgment of Apex Court in the case of Gian Singh Vs. State of Punjab and Another 2012 AIR SCW 5333 and judgment passed by the Madhya Pradesh High Court in Narendra Singh Vs. The State of Madhya Pradesh decided on 30.01.2026.
4. Learned A.G.A. opposed the prayer for quashing of the proceedings of the case.
5. The Hon. Apex Court in Crl. Appeal No.2688 of 2025 in Shaurabh Kumar Tripathi Vs. Vidhi Rawal reported in 2025 SCC OnLine SC 1158 has held thus:
"35. When it comes to exercise of power under Section 482 of the CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation specially enacted to give justice to those women who suffer from domestic violence and for preventing acts of domestic violence. Therefore, while exercising jurisdiction under Section 482 of the CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect. Interference can be made only when the case is clearly of gross illegality or gross abuse of the process of law. Generally, the High Court must adopt a hands-off approach while dealing with proceedings under Section 482 for quashing an application under Section 12(1). Unless the High Courts show restraint in the exercise of jurisdiction under Section 482 of the CrPC while dealing with a prayer for quashing the proceedings under the DV Act, 2005, the very object of enacting the DV Act, 2005, will be defeated.
36. We must also note here that against an order passed by a learned Magistrate, there is an appeal provided under Section 29 to the Court of Session. In contrast, generally, there is no remedy of appeal available against an order taking cognizance of an offence or an order issuing process. This is another reason why the High Court should exercise caution when exercising its inherent jurisdiction to quash proceedings under Section 12 of the D.V. Act, 2005.
........................
39. To conclude, the view taken in the impugned order of the High Court that a petition under Section 482 of the CrPC for challenging the proceedings emanating from Section 12(1) of the DV Act, 2005 is not maintainable, is not the correct view. We hold that High Courts can exercise power under Section 482 of CrPC (Section 528 of the BNSS) for quashing the proceedings emanating from the application under Section 12(1) of the DV Act, 2005, pending before the Court of the learned Magistrate. However, considering the object of the DV Act, 2005, the High Courts should exercise caution and circumspection when dealing with an application under Section 12(1). Normally, interference under Section 482 is warranted only in the case of gross illegality or injustice".
6. Upon consideration of the submission and perusal of the record, it is evident that opposite party no. 2 is legally wedded wife of applicant no. 1. The marriage was solemnized in the year 2019 and thereafter the opposite party no. 2 filed application under Section 12 of D.V. Act. The learned Magistrate after perusing the complaint issued notice to the applicants vide order dated 28.04.2024 and the matter was sent for Mediation. From the office report, it is apparent that applicant did not appear before the Mediation Centre and has challenged the proceedings by way of present application. The proceedings under Section 12 of the D.V.Act are quasi civil and criminal in nature, wherein only notice is required to be issued. In present case, learned Magistrate has issued notice to the applicants against which applicant has filed present application. The applicants have an efficacious alternative remedy of filing objection before the competent court. In view of the Apex Court judgement cited above, the court is not inclined to interfere with the proceedings challenged herein.
7. However, if the applicants files objection/counter affidavit before the concerned Magistrate within a period of two months the same shall be decided as expeditiously as possible, in accordance with law.
8. The application is disposed of.
(Deepak Verma,J.) April 24, 2026 Meenu Singh