Neutral Citation No. - 2025:AHC:60885 Court No. - 73 Case :- APPLICATION U/S 482 No. - 43020 of 2024 Applicant :- Ganesh Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rohit Dwivedi learned counsel for the applicant as well as Sri Moti Lal, learned AGA for the State/opposite party no.1. 2. This application under Section 482 of the Cr.P.C. has been filed by the applicant to quash and set aside the entire proceeding in Criminal Complaint Case No.767 of 2023 (Smt. Geeta Vyas Vs. Ganesh Tiwari and others), under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (In short "the Act 2005"), Police Staton Baldev, District Mathura pending before the court of Civil Judge (J.D.), F.T.C.Court/Judicial Magistrate, Mathura as well as the order dated 29.8.2024 under Section 23 of the Act. 3. Learned A.G.A. at the very outset raised a preliminary objection regarding maintainability of the present proceedings particularly in view of the fact that there lies an alternate efficacious remedy of preferring appeal under Section 29 of the Act, 2005 against the order passed under Section 23 of the Act, 2005. 4. To such an objection, learned counsel for the applicant could not dispute the said position. 5. Looking into the facts and circumstances of the case that the remedy lies under the statute, thus this Court is not interfering in the present proceeding. 6. Accordingly, the application stands disposed of granting liberty to the applicant to challenge the order dated 29.8.2024 while preferring an appeal under Section 29 of the Act,2005. Order Date :- 23.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad