Court No. - 73 Case :- APPLICATION U/S 482 No. - 43455 of 2024 Applicant :- Gaurav Kapoor Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kauntey Singh,Ravindra Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ravindra Singh, learned counsel for the applicant as well as Sri Ram Awadh Maurya, learned State Law Officer for the State. 2. This is an application filed U/s 482 Cr.P.C. for quashing the entire proceeding of criminal case no. 207 of 2010 pending before the learned Civil Judge (J.D.) FTC, Saharanpur under Section 13, 18, 19, 20, 22, 23 of Protection of Women from Domestic Violence Ac, 2005. 3. Learned counsel for the applicant has submitted that proceedings so sought to be lodged under the provisions of Protection of Women from Domestic Violence Act, 2005 cannot be allowed to be continued particularly when there happens to be a decree of divorce under section 13 of Hindu Marriage Act of the court below dated 20.11.2012 in case no. 290 of 2009 against which the opposite party no.1 preferred the first appeal no. 1016 of 2012 which was dismissed for want of prosecution. Thus, the applicant cannot be subjected to the said proceeding. 4. Learned AGA has opposed the application while arguing that the proceedings are relatable in the year 2010 being case no. 207 of 2010 under Section 12, 18, 19, 20, 22, & 23 of the Act. He further submits that as per the order sheet the applicant appeared in the said proceedings and they have also filed their written statement on 07.07.2011. Thus. the proceedings cannot be said to be in an manner what so ever illegal. 5. Having heard the arguments so made across the bar, the sole question which arises for consideration is the extent of judicial intervention at this stage in the present proceeding. Apparently, the proceeding under the Act are continuing since 2010 and the applicant has already filed his written statement, thus it is for the appellant to take appropriate proceeding and also in case any orders have been passed then take recourse to the proceeding under Section 25 or 29 of the Act itself. 6. With the observations made above, the present application is disposed of. Order Date :- 4.4.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad