Neutral Citation No. - 2025:AHC-LKO:49355 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6870 of 2025 Applicant :- Kishore Dutt Gour And 5 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Durgesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Durgesh Kumar Shukla, learned counsel for the applicants and Sri Badrul Hasan, learned AGA for the State of U.P. as well as perused the record. The instant application has been preferred seeking following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the application under section 528 B.N.S.S. / 482 Cr.P.C. filed by the applicant and quash the impugned Criminal Complaint Case No. 3298/2022 "Neha Trivedi Vs. Kishore Dutt Gour & Others" along with entire criminal proceedings arose thereof pending before the court of Learned Judicial Magistrate-III, Lucknow, Police Station- Madiyaon, District-Lucknow filed under section 12 of the Prevention of Women from Domestic Violence, Act, 2005 (herein referred as D.V. Act) in the interest of Justice." The instant application praying above quoted main relief has been filed on the ground that opposite party No. 2 is not the legally wedded wife of the applicant No. 1. Taking note of the aforesaid and also the admitted position that opposite party No. 2 and applicant No. 1 lived together as husband and wife for the period of about 7 years, as appears from the record and informed by the applicants' counsel, and also the pronouncements related to the aforesaid ground rendered by the Hon'ble Apex Court in the case of Chanmuniya Vs. Virendra Kumar Singh Kushwaha and another, (2011) 1 SCC 141; Indra Sarma Vs. V.K.V. Sarma, (2013) 15 SCC 755; Kamla and others Vs. M.R. Mohan Kumar, (2019) 11 SCC 491; D. Velusamy Vs. D.Patchaiammal, (2010) 10 SCC 469; Lata Singh vs. State of U.P. and another, (2006) 5 SCC 475 and N. Usha Rani and another vs. Moodudula Srinivas, 2025 SCC OnLine SC 225, on being confronted, learned counsel for the applicants prays for withdrawal of this application with liberty to the applicants to pursue their case before the Magistrate concerned. The aforesaid has not been opposed by learned AGA. In view of the above, the instant application is dismissed as withdrawn with liberty, as prayed for. Office is directed to return certified/original copies of the documents annexed with this application to the learned counsel for the applicants as per relevant Rules in this regard. Order Date :- 22.8.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench