HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37429 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rahul Kumar (AoR No. A/R0538/2020) holding brief of Sri Santosh Tripathi, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the impugned order dated 04.07.2025 passed by Learned Additional Chief Judicial Magistrate/ Additional Civil Judge (J.D.), Court No.06, Ghaziabad in Complaint Case No. 527 of 2025 (Smt. Kamini Vs. Ankit Kumar & others) under section 12 Protection of Women from Domestic Violence Act, 2005 at Police Station Nandgram, District Ghaziabad and its entire proceedings in Complaint Case No. 527 of 2025 (Smt. Kamini Vs. Ankit Kumar & others), pending in the court of Learned Additional Chief Judicial Magistrate/ Additional Civil Judge (J.D.), Court No.06, Ghaziabad. 3. Learned State Law Officer has raised a preliminary objection regarding maintainability of the present proceeding on the ground that the order passed on 04.07.2025 under Section 23 of the Domestic Violence Act, 2005 is amenable to an appeal under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute the said fact, but he submits that the appeal would be barred by limitation. 5. Learned State Law Officer submits that the applicant may take all the legal and valid ground for condonation of delay. 6. Having heard the submissions so made across the Bar, this Court is of the Versus Counsel for Applicant(s) : Mandvi Tripathi, Santosh Tripathi Counsel for Opposite Party(s) : G.A. Ankit Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) opinion that since a remedy lies of an appeal under Section 29 of the D.V. Act, thus this Court is not inclined to interfere in the present proceedings. However, liberty is accorded to the applicant to prefer an appeal before the forum as provided under Section 29 of the D.V. Act. 7. In the opinion of the Court, once an appeal is preferred taking all the grounds, which are permissible for condonation of delay, then this Court has no reason to disbelieve, that the same shall be decided with most expedition strictly in accordance with the law of the land. 8. With the above observations, the application stands disposed of. September 25, 2025 N.S.Rathour NA528 No. 37429 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad