Mamta vs State Of U. P. Thru. Prin. Secy. Home

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 656

Mamta – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rishad Murtaza, Aishwarya Mishra, Syed Ali Jafar Rizvi

JUDGMENT :

1. Heard Shri Rishad Murtaza, learned counsel for the applicants, Shri Aniruddha Kumar Singh, learned A.G.A. for the State and Ms. Madhulika Yadav, learned counsel for the private respondent nos. 2 to 5.

2. This application has been filed seeking quashing of the order dated 03.03.2022 passed by Additional Chief Judicial Magistrate V, Lucknow, whereby Domestic Incident Report has been called for. A further prayer has been sought to direct the court concerned to proceed in Complaint Case No. 557 of 2022 under the Protection of Women from Domestic Violence Act.

3. Learned counsel for the applicants submitted that the marriage of applicant no. 1 was solemnized with respondent no. 2 as per the Hindu Rites on 17th June, 2017 and out of their wedlock, applicant no. 2 was born, who is at present in the care and custody of applicant no. 1 (mother). Respondent nos. 3 to 5 are the mother-in-law, brother-in-law and sister-in-law respectively. It has further been submitted that applicant no. 1 was ousted from her matrimonial house by respondent nos. 2 to 5 on 1st October, 2020, when she was carrying the pregnancy of almost 7 months of applicant no. 2. Later on, applicant no. 2 born in F