Neutral Citation No. - 2025:AHC:69207 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 36508 of 2024 Applicant :- Kapil Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Bhavesh Singh Jadon holding brief of Shri Arvind Srivastava, learned counsel for the applicants and Sri S.K. Singh, learned Officer for the State as well as Shri Varindar Singh, counsel for opposite party no. 2. 2. This application under Section 528 BNSS has been filed by the applicant to quash the order dated 20.05.2023 passed by Civil Judge (J.D.)/ F.T.C. (Crime against women) Rampur, under Section12 Domestic Violence Act, in Case No. 996 of 2019 (Smt. Kavita Gupta Versus Kapil Gupta) as well as the order dated 22.11.2023 passed by Sessions Judge Rampur in Criminal Appeal No. 43 of 2023 (Kapil Gupeta Versus Smt. Kavita). 3. Learned counsel for the opposite parties have raised a preliminary objection regarding the maintainability of the present proceedings under Section 528 BNSS on the ground that the order passed under Section 12 of Domestic Violence Act, 2005 is appealable under Section 29 of the Act. 4. Learned counsel for the applicants could not dispute the said fact. He, however, submits liberty be accorded to file revision. 5. The application is dismissed as withdrawn with liberty aforesaid. 6. It shall be open to the applicants to seek grounds for getting the delay condoned as per the provisions of the Act. 7. Certified copy be returned subject to submission of photocopy. 8. When the applicants again approach the Court, a copy be served upon the learned counsel for the opposite party no. 2. Order Date :- 1.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad