A single judge bench of Allahabad High Court at Lucknow, held as follows,
From Para 21,
21. The present domestic violence case has been filed by the answering respondent after the case filed by applicant no.3. The applicant no.1 also filed a case under Section 12(2) of the Hindu Marriage Act before the Principal Judge, Family Court, Faridabad, Haryana on 25.3.2025. The record reveals that there appears to be dispute between the wife and husband and they are litigating against each other, but after a bare perusal of the complaint, other attending circumstances as mentioned above, the Court is coming to the conclusion that applicant nos.2, 3 and 4 of Application U/s 528 BNSS No.1774 of 2025, have no role in the present controversy, therefore, in view of law declared by the Supreme Court in Geeta Mehrotra (supra) and Kahkashan Kausar (supra), criminal proceedings are liable to be dropped against them under Section 12 of the Domestic Violence Act. However, proceedings against applicant no.1 will continue. So far as proceedings under Section 125 Cr.P.C. are concerned, the same is also filed against the husband and evidence is to be led over there, therefore, at this stage, the Court cannot interfere in the proceedings under Section 125 Cr.P.C., as summon has been issued against the husband, who has to contest his case before the court below.
Citations:
Other Sources:
https://indiankanoon.org/doc/149060733/
Index of Domestic Violence Judgments is here.
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