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Neutral Citation No. - 2025:AHC:39177 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8808 of 2025 Applicant :- Priyansh Gangwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Tiwari,Amit Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Akhilesh Kumar Tiwari, learned counsel for the applicant and Sri J.P. Gupta, learned A.G.A. for the State.
2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the order dated 4.10.2022 in Misc. Case No. 259 of 2022, (Pinki Devi vs. Priyansh and others), under Section 23 of the Protection of Women From Domestic Violence Act, 2005 Police Station Katara, District Shahjahanpur pending in the court of Additional Civil Judge (J.D.)/Judicial Magitrate, Tihar, Shahjahanpur.
3. Learned counsel for the applicant submits that the applicant happens to be the husband of the opposite party no.2 marriage whereof was solemnized on 2.6.2021 however, alleging domestic violence and throwing away the opposite party no.2 from the house, the opposite party no.2 instituted proceedings under the provisions of the Protection of Women From Domestic Violence Act, 2005 in which an order came to be passed on 4.10.2022 whereby interim maintenance has been directed to be paid to the opposite party no.2 by the applicant to the tune of Rs.3,000/-. He further submits that the matter be referred for mediation.
4. Learned AGA has opposed the said application while arguing that the order which is being subject matter of challenge is dated 4.10.2022 and the compensation amount is Rs.3000/- only.
5. Having heard the rguments so made across the bar, the only question which would arise is the intervention at this stage in the year 2025 when the application stood preferred on 28.2.2025 against the order dated 4.10.2022. Apparently, the order dated 4.10.2022 is appealable under Section 29 of the Act. Thus it is always open for the applicant to prefer an appeal against the same.
6. In view of above, the present application under section 482 Cr.P.C. stands consigned to record. Order Date :- 19.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad