VERTIKA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Raj Kumar Srivastava, learned counsel for the applicant and Ms. Sushma Soni, learned Additional Government Advocate appearing for the Stateopposite party.

(2.) The present application under sec. 482 of the Code of Criminal Procedure, 1973(The Code) has been filed with a prayer to quash the order dtd. 25/3/2021 passed by the Principal Judge, Family Court, District Kanpur Nagar in Case No.1167 of 2020 (Apurva Saxena v. Smt. Vartika Chitravanshi), in proceedings under Sec. 9 of the Hindu Marriage Act, 1955(HMA), whereby a direction was issued to proceed ex parte and a date was fixed for evidence.

(3.) The previous order dtd. 4/8/2021 indicates that a preliminary objection had been raised by the learned Additional Government Advocate to the effect that provisions of sec. 482 of the Code cannot be invoked to quash proceedings of a civil nature, and accordingly the relief sought by means of the present application to quash the order passed by the Principal Judge, Family Court, in proceedings under sec. 9 of the HMA, cannot be granted.