Neutral Citation No. - 2025:AHC:35428 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5692 of 2025 Applicant :- Swati Gupta And Another Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Satish Kumar,Subhash Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Satish Kumar, learned counsel for the applicant and Sri P.P. Tiwari, learned A.G.A. for the State. 2. The present application has been filed for directing the learned Additional Chief Judicial Magistrate-VII, Varanasi, Aligarh to decide the Case No.2913 of 2023 (Swati Gupta and another v. Dinesh Kumar Gupta and others), under Section 12 of Protection of Women from Domestic Violence Act, 2005, Police Station Shivpur, District Varanasi, within stipulated period. 3. Contention of learned counsel for the application is that complaint case of the applicant u/s 12 Domestic Violence Act has been pending since 2023, but till date it has not bee decided. As per Section 12(5) of the Domestic Violence Act, it is provided that the Magistrate shall endeavour to dispose of every application made under this Section within a period of 60 days from the date of its first hearing. Section 12(4) and 12(5) of Domestic Violence Act are being quoted below:- "12(4). The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. 12(5). The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing." 4. In view of the above, there is a statutory mandate to decide the complaint u/s 12 of Domestic Violence Act within a period of 60 days from the date of its first hearing. 5. Accordingly, the learned Additional Chief Judicial Magistrate- VII, Varanasi, Aligarh is directed to conclude the trial of the Case No.2913 of 2023 (Swati Gupta and another v. Dinesh Kumar Gupta and others), under Section 12 of Protection of Women from Domestic Violence Act, 2005, Police Station Shivpur, District Varanasi, expeditiously preferably within a period of 60 days from the date of receipt of copy of this order. 6. With the aforesaid direction, the application is disposed of. Order Date :- 10.3.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad