Sattar Ahmad vs State of U.P. - 2025 Supreme(All) 2989

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2989

IN THE HIGH COURT OF ALLAHABAD
VINOD DIWAKAR
Sattar Ahmad – Appellant
Versus
State of U.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Vinod Singh

Table of Content
1. court considering authority for fir registration. (Para 2 , 3)
2. arguments against the legality of fir under section 31. (Para 4 , 10)
3. court seeks explanations from officers on procedural issues. (Para 5 , 6)
4. role of aggrieved persons and procedural requirements. (Para 11 , 12)
5. nature and scope of the domestic violence act. (Para 13 , 14 , 15)
6. breach of protection order as a cognizable offence. (Para 16 , 18 , 19)
7. quashing of charges due to procedural errors. (Para 20 , 21)
8. outcome of the judgment and procedural observations. (Para 22)

JUDGMENT :

Vinod Diwakar, J.

1. Heard Shri Vinod Singh, learned counsel for the applicants, Shri Vibhav Anand Singh, learned A.G.A. for the State, and perused the material available on record.

2. The present application has been filed seeking quashing of the entire proceedings arising out of Case Crime No. 494 of 2013, under Section 31 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act, 2005'), registered at Police Station Swar, District Rampur, which is presently pending before the Court of I^st Additional Chief Judicial Magistrate, Rampur.

3. The principal question for adjudicat