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Application No. 13994 of 2017. Case: Navneet Singh and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
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Case NumberApplication No. 13994 of 2017
CounselFor Appellant: Brajesh Kumar, Adv.
JudgesSurya Prakash Kesarwani, J.
IssueProtection of Women from Domestic Violence Act, 2005 - Sections 12,17, 18, 19, 20, 22
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Surya Prakash Kesarwani, J.

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

This application has been filed praying to quash the entire proceedings of complaint case No.417/09 of 2015, Smt. Pooja Chaudhary Vs. Navneet Singh and others, under Sections 12,17, 18, 19, 20, 22 of the Protection of Women from Domestic Violence Act 2005, P.S. Inchauli, District - Meerut.

Undisputedly, the applicant no.1 is the husband of the opposite party no.2 who has filed the aforesaid case under the Act.

Learned counsel for the applicants submits that the complaint itself is wholly without jurisdiction inasmuch as the case has been filed in District - Meerut, whereas the opposite party no.2 is not resident of Meerut as is evident from the report of D.P.O. filed as Annexure No. 6 to the affidavit accompanying the present application.

Learned A.G.A. submits that the opposite party no.2 has shown her residence at Meerut which fact is also evident from the address shown by the D.P.O. in his report relied by the applicants himself and as such there is no lack of jurisdiction to...

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