Rakesh Kumar Singh vs State of U. P. - 2024 Supreme(All) 2302

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2302

ARUN KUMAR SINGH DESHWAL
Rakesh Kumar Singh – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Applicant : Shivam Agarwal, Tanu Shree
For the Respondent: G.A., Rakesh Kumar Srivastava

Judgement Key Points

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JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The instant application has been filed seeking the quashing of the recovery warrant and non-bailable warrant dated 27.10.2023 as well as the entire proceeding of Criminal Misc. Case No. 35 of 2023 (Smt. Beauty Singh @ Avni vs. Rakesh Kumar Singh & others), u/s 31 Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Domestic Violence Act"), P.S. Bisrakh, District Gautam Buddh Nagar, pending before Civil Judge (J.D.)/F.T.C., court No.2, Gautam Buddh Nagar.

3. The facts giving rise to the present case are that opposite party No.2 had married to applicant No.1, and matrimonial discord between them culminated into the impugned proceeding. Opposite party No.2 filed an application u/s 12 Domestic Violence Act against the present applicants, which was allowed on 15.11.2022 ex parte against the applicants with direction to applicant No.1 to pay the compensation of Rs. 1 Lakh and also Rs. 25,000/-per month as maintenance to opposite party No.2. When the applicant did not pay the amount in pursuance of the order dated 15.11.2022 passed by Civil Judg