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Allahabad High Court · body

2020 DIGILAW 1246 (ALL)

Atul Kumar Srivastava v. State of U. P.

2020-10-20

RAM KRISHNA GAUTAM

body2020
JUDGMENT : 1. Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records. 2. This application under Section 482 Cr.P.C. has been filed by applicants Atul Kumar Srivastava and four others against State of U.P. and another with prayer to quash entire proceedings of Case No. 571 of 2019, Anjana Srivastava Vs. Atul Kumar and others, under Section 12 of Protection of Women from Domestic Violence Act, 2005, P.S. Kotwali, district Ghazipur, pending in court of J. M., Ghazipur. 3. Learned counsel for the applicants argued that for the same alleged dowry demand and cruelty a criminal case has already been registered and for the same contention this application under section 12 of Protection of Women from Domestic Violence Act has been filed by O.P. No. 2 against Atul Kumar Srivastava and others, wherein above contention was raised, but the learned Magistrate registered the same and proceeded with the case. It is under abuse of process of law. Hence this application with above prayer. 4. Learned A.G.A. has vehemently opposed the above argument. 5. From the very perusal of certified copy of order sheet filed at page nos. 42 to 44 of paper book, it is apparent that an application was filed by Anjana Srivastava under section 12 of Protection of Women from Domestic Violence Act. It was registered by the trial court, whereupon notice was issued to opposite parties through District Probation Officer and the same is pending at the stage of objection, if any, by opposite parties and for disposal of same. Since then owing to lock down the case could not be taken up. Meaning thereby it is not disputed that Anjana Srivastava is not legally married wife of applicant no. 1, Atul Kumar Srivastava. It has also not been disputed that there is matrimonial dispute in between and cognizance over complaint of Anjana Srivastava under section 12 of Protection of Women from Domestic Violence Act has been taken. Trial court has issued notice to opposite parties for placing their contention and this was an exercise by way of issuing notice through District Probation Officer. Meaning thereby there is nothing under abuse of process of law. 6. Hence the application is dismissed.