Neutral Citation No. - 2025:AHC:34394 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 7786 of 2025 Applicant :- Sachin Kumar Tyagi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Utkarsh Pandey, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State. 2. The present application has been filed for the following relief: "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set-aside the Notice dated 23.02.2024 Under Section 12 Domestic Violence Act, on which Learned Civil Judge (J.D) F.T.C II/Judicial Magistrate, Hapur has issued aforesaid notice In Case No. 310 of 2023 (Ruchi Tyagi Vs Sachin Kumar Tyagi and others) arising out of Case No. 310 of 2023, P.S. Hapur Dehat District- Hapur. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Case No. 310 of 2023 (Ruchi Tyagi Vs Sachin Kumar Tyagi and others) arising out of Case No. 310 of 2023, Under Section 12 Domestic Violence Act, P.S. Hapur Dehat District- Hapur, pending before in the Court of Civil Judge (J.D) F.T.C. II/Judicial Magistrate, Hapur, otherwise the applicants shall suffer irreparable loss and injury." 3. Contention of learned counsel for the applicants is that impugned proceeding is absolutely malicious in nature and just to harass the family of in-laws, opposite party no.2 has initiated the impugned proceeding. 4. Per contra, learned AGA has submitted that applicants have approached this court against the notice issued u/s 12 of Domestic Violence Act and applicants have remedy to file objection before the court below. 5. Considering the aforesaid submission and on perusal of record, it appears that in the application filed u/s 12 of the Domestic Violence Act by the opposite party no.2, allegation was made that the applicants were living in a shared household and have harassed the opposite party no.2. Even otherwise, the applicants have challenged the notice issued u/s 12 of the Domestic Violence Act though applicants have remedy to file objection against the impugned notice before the court below either personally or through a counsel. Therefore, no ground for quashing is made out and applicants are at liberty to file objection before the court below. 6. Accordingly, the application is consigned to record. Order Date :- 10.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad