Kajal v. State of U.P. and 5 Others

Court No. - 92 Case :- APPLICATION U/S 482 No. - 42727 of 2023 Applicant :- Kajal Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Syed Mohammed Jafer Husain,Mohammad Husain Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.

¶1Heard Mr. Syed Mohammed Jafer Husain, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State.

¶2The instant application under Section 482 Cr.P.C. has been filed seeking a direction for expeditious hearing of complaint Case No.46 of 2021 (Kajal vs. Rajesh and Others) u/S 12 of the Protection of Women under the Domestic Violence Act, 2005 (hereinafter referred as 'the Domestic Violence Act'), P.S.- Malwan, District-Fatehpur, pending in the Civil Judge (J.D.)/F.T.C. (Crime Against Women), Fatehpur.

¶3Learned counsel for the applicant submits that the instant complaint case u/S 12 of the Domestic Violence Act, was filed by the applicant herein on 05.01.2021 and vide order dated

01.11.2022, since the opposite party no.2 despite appearance failed to file his reply, his right to file the reply was closed and proceedings were started ex-parte against the opposite party no.2. Subsequently, thereto, the ex-parte evidence has been submitted by the applicant and the matter is pending for ex-parte arguments. However, the matter was being adjourned without any reasons on many occasions by the learned Magistrate. Learned counsel for the applicant further submits that the proceedings u/S 12 of the Domestic Violence Act, are of urgent nature, which require immediate support to the victim. However, since more than three years have passed and the matter is not progressing and as per the Domestic Violence Act, the proceedings u/S 12 of the Domestic Violence Act, are required to be concluded within a period of 60 days, in terms of Sub-section (5) of Section 12 of the Domestic Violence Act. Therefore, learned counsel for the applicant has prayed for a direction for expeditious disposal of the said case where only the ex-parte arguments, on behalf of the applicant, are to be heard.

¶4Looking at the facts and circumstances of the instant case, learned counsel for the State do not oppose to the prayer made for expeditious disposal of the said complaint case by the applicant.

¶5Having heard the submissions made by learned counsels for the parties and considering the facts and circumstances of the case specifically, the provisions of Sub-section (5) of Section 12 of the Domestic Violence Act, the instant application is disposed of with a direction to the concerned trial court to dispose of the Complaint Case No. 46 of 2021, in accordance with law, within a period of 60 days from the date of production of the certified copy of this order. Order Date :- 6.12.2023 Shubham Arya High Court of Judicature at Allahabad