Court No. - 72
Case :- APPLICATION U/S 482 No. - 29614 of 2019 Applicant :- Ajay Mohan Pathak And 5 Others Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ashutosh Kumar Pandey,Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Vinod Singh, learned counsel for the applicants and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed quashing the proceedings of Case No. 1056 of 2017 (Smt. Neelam Sharma and another Vs. Ajay Mohan Pathak and others), under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) P.S. Mahila Thana, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 5, Agra. Further prayer has been made to decide the preliminary objection of the applicants dated 20.4.2018 within stipulated time.
Contention of learned counsel for the applicants is that they filed the objection in which it is specifically stated that there is no domestic relationship between the parties and as such, the proceedings initiated against the applicants are nothing but abuse of process of law.
It is apparent that till date the objection raised by the applicants has not been decided by the learned Magistrate.
Under these circumstances, direction is issued to the concerned Magistrate to decide the applicants' objection dated 20.4.2018, as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order.
With the aforesaid observation/direction, the application stands disposed of.
Order Date :- 30.7.2019 Noman