Anil Pachauri and 3 Others v. State of U.P. and Another

Court No. - 92 Case :- APPLICATION U/S 482 No. - 43591 of 2023 Applicant :- Anil Pachauri And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Ravindra Kumar, learned counsel for the applicants and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.

¶2The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the ex-parte order dated 09.05.2022, passed by the Judicial Magistrate, Village Court Tundla, District-Firozabad, in Case No. 5382 of 2012 (Prabha Pachauri vs. Anil Pachauri and Others) u/S 12, 18, 19, 20 of the Protection of Women from Domestic Violence Act, 2005 and also the recovery warrants issued against the applicants dated 12.10.2022, in Misc. Case No. 17 of 2022 u/S 31 of the Protection of Women from Domestic Violence Act, 2005, P.S.- Narkhi, District-Firozabad.

¶3Learned counsel for the State raises a preliminary objection against the order impugned i.e., 09.05.2022, passed by the Judicial Magistrate, Village Court Tundla, District-Firozabad, that since, the alternative and effective remedy is already available u/S 29 of the Protection of Women from Domestic Violence Act, to the applicants herein, therefore, the instant application is not maintainable.

¶4In view thereof, learned counsel for the applicants seeks to withdraw the instant application with liberty to file the appeal as provided u/S 29 of the Protection of Women from Domestic Violence Act.

¶5In view of the aforesaid submissions made learned counsels for the parties, the instant application is dismissed as withdrawn with liberty to the applicants to file the appropriate proceedings against the order in terms of the Act, within a period of four weeks from today alongwith a certified copy of this Order. If such appeal is filed within four weeks, then, the concerned court shall not raise any objection with regard to the delay in filing the proceedings under the said Act. Order Date :- 5.12.2023 Shubham Arya High Court of Judicature at Allahabad