DEVENDRA AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In all the connected applications either the proceedings under the Domestic Violence Act, 2005 (hereinafter referred to as "D.V. Act, 2005 ") or the orders passed therein are challenged or prayer is made to expedite the proceeding under the D.V. Act, 2005.

(2.) During the hearing Sri Pankaj Saxena, learned A.G.A., has raised a preliminary objection that in view of the judgment of coordinate Bench of this Court in the case of Smt. Suman Mishra v. State of U.P.; Application u/s 482 No. 6975 of 2013, the application filed under Sec. 482 Cr. P.C. is not maintainable against the proceeding or orders passed under the D.V. Act, 2005. Therefore, a common question was framed with the consent of all the learned counsel appearing for the parties to determine whether in view of the judgment of the coordinate Bench in the case of Suman Mishra (supra), an application filed under Sec. 482 Cr. P.C. is not maintainable against the proceeding or order passed under the D.V. Act, 2005. The matter was heard at great length and judgment was reserved on 23/10/2024.

(3.) Km. Preete, learned counsel for the applicants in Application u/s 482 No. 18994 of 2024 addressed the Court in support of the maintainability of the application filed under Sec. 482 Cr. P.C. against the proceeding of the D.V. Act, 2005.