Sushma & Another vs State Of U.P. & Another

Arun Kumar Singh Deshwal, J

Heard learned counsel for the applicants and Sri Raj Bahadur Verma, learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.241 of 2022, under Section 12 Domestic Violence Act, 2005, Police Station- Jalesar, District Etah, pending in the court of C.J.(J.D.)/ F.T.C. (Crime Against Women), Etah.

Contention of learned counsel for the applicants is that on the basis of same set of allegations opposite party no.2 had lodged an FIR i.e. Case Crime 446 of 2021, P.S. Jalesar, District Etah though after investigation, police had submitted charge sheet against the applicants and his family members. The applicants had challenged the charge sheet before this Court in Application u/s 482 Cr.P.C No.15293 of 2022 in which charge sheet against the applicants was quashed by this Court vide order dated 02.08.2021, therefore it is submitted the impugned proceedings may be quashed.

Considering the submissions of learned counsel for the parties and perusal of record, it appears that the criminal proceeding against the applicants has been quashed by this Court in an Application u/s 482 No.15293 of 2022 but merely quashing of charge sheet in criminal offence cannot be a ground to quash the proceeding under Domestic Violence Act. This Court in the case of Amardeep Sonkar vs State of U.P. and another (Application u/s 482 Cr.P.C. No.8732 of 2024) decided on 05.04.2024 has already held that proceeding under Domestic Violence Act is civil in nature. It is undisputed that the applicants were residing with opposite party no.2 in shared house hold therefore the impugned proceeding cannot be quashed.

It is open for the applicants to file objection under Domestic Violence case against grant of civil relief.

With the aforesaid observation, the application is disposed of.