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2021 Supreme(All) 559

Y.K.SRIVASTAVA
Nivesh Gupta @ Ankur Gupta – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Shri. Krishna Mishra, Shri Krishna Mishra

JUDGMENT :

1. Heard Sri Shri Krishna Mishra, learned counsel for the applicants through video link and Ms. Sushma Soni, learned Additional Government Advocate for the State-opposite party.

2. The present application seeks to challenge the order dated 7.11.2020, by means of which, the complaint registered as Complaint Case No. 1777 of 2020 (Shambhavi Kesharwani vs. Nivesh Gupta) filed by the opposite party no. 2, has been directed to be registered fixing a date and the subsequent orders, in terms of which, further dates have been fixed in the case. The applicants have also sought quashing of the proceedings of the complaint case.

3. The only ground, which is sought to be canvassed to challenge the order registering the case and also seeking quashing of the proceedings, is that the applicants are not living with the opposite party no. 2 in a 'shared household' and, therefore, the proceedings under 'The Protection of Women from Domestic Violence Act, 2005', would not be maintainable.

4. Learned A.G.A., appearing for the State-opposite party, submits that the contention, which is sought to be raised by the applicants with regard to the parties not living together in a shared household,

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