Rizwan v. State of U.P. and 3 Others

Court No. - 90 Case :- APPLICATION U/S 482 No. - 28566 of 2023 Applicant :- Rizwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Archna Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The present application has been filed beseeching the expeditious disposal of Misc. Case No. 484 of 2012 (Shabnam Vs. Rizwan and another), under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in brevity, DV Act), Police Station Nauchandi, District Meerut pending in the court of Ist Additional Chief Judicial Magistrate, Meerut.

¶3It is submitted that Opposite Parties No. 2, 3 and 4 have filed an application dated 3.2.2012 under Section 12 of the DV Act, which is pending protracted since the date of its filing despite the fact that statutory period as enunciated under Section 12 (5) of the DV Act has already expired. It is further submitted the opposite parties, in the original complaint, have already appeared and filed their objections. Due to non-cooperating attitude of the contesting opposite parties/complainant, the case is pending protracted. It is further submitted that protraction of the aforesaid proceeding is causing oppression and harassment to the present applicant.

¶4Learned AGA has no objection in case a direction is issued for early disposal of the aforesaid case.

¶5In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction to court concerned before whom the aforementioned case is pending disposal, to decide the same expeditiously, preferably, within a period of two months from the date of receipt of a certified copy of this order.

¶6It is expected that the matter should be decided by a reasoned and speaking order, in accordance with law, after affording opportunity of hearing to the parties concerned without granting unnecessary adjournments to either of the parties.

¶7With the aforesaid direction, present writ petition is disposed of. Order Date :- 26.10.2023 vinay High Court of Judicature at Allahabad