Neutral Citation No. - 2025:AHC:63567 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8084 of 2025 Applicant :- Dinesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Girish Chandra Yadav, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State and Sri Sunil Kumar Mishra for the opposite party no. 2. 2. This application u/s 528 of BNSS has been quash the Impugned Order Dated 25.02.2022 passed by Additional District Judge 3rd, Bulandshahar, in Criminal Appeal No.67 of 2021 (Dinesh Chandra VS State of U.P. & Another), arising out of the order dated 12.03.2021 passed by the A.C.J.M. 6th Bulandshahar in Complaint Case No. 173 of 2019 U/S 12 of The Protection of Women from Domestic Violence Act 2005. P.S.- Agauta, District Bulandshahar along with Complaint Case No. 34 of 2021 (Mamta Vs Dinesh Chand) U/S 31 of the Protection of Women from Domestic Violence Act 2005. 3. Learned counsel for the applicant has submitted that pursuant to initiation of the proceedings by the opposite party no. 2 against the applicant under Section 12 of the DV Act, an order came to be passed on 12.03.2021 granting of maintenance. Thereafter, the said order was also subject matter of challenge in an appeal under Section 29 of the Act being Criminal Appeal No. 67 of 2021, which was rejected on 25.02.2022. Learned counsel for the applicant submits that questioning the order dated 12.03.2021 passed by the Magistrate under Section 12, a Criminal Revision No. 1565 of 2022 came to be preferred by the applicant which was dismissed but the present application seeks to question the order dated 25.02.2022 as well as the proceedings in Complaint Case No. 34 of 2021 and also proceedings under Section 31 of the DV Act. This Court on 11.03.2023 proceeded to pass the following orders.- "1. Heard Sri Girish Chandra Yadav, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been filed seeking quashing of the impugned order dated 25.2.2022 passed in Criminal Appeal No. 67 of 2021 arising out of order dated 12.3.2021 passed in complaint case No. 173 of 2019, under Section 12 Domestic Violence Act, P.S. Agauta, District Bulandshahar along with complaint case No. 34 of 2021, under Section 31 of Domestic Violence Act. 3. Issue notice to opposite party No.2 through C.J.M. concerned to obtain her consent regarding mediation. 4. Learned counsel for the applicant submits that the order passed by the court below under Section 12 Domestic Violence Act has been challenged by the applicant through Criminal Revision No. 1565 of 2022 decided on 27.4.2022 without challenging the order of the appellate court, therefore, the present application has been filed to challenge the order of the appellate court. 5. Put up this case on 25.3.2025 as fresh along with the record of Criminal Revision No. 1565 of 2022 decided on 27.4.2022. 6. Registrar (compliance) is directed to communicate this order to the C.J.M. concerned by tomorrow through email for service upon opposite party No.2 and report of the service be also obtained through email." 4. Today, learned AGA as well as counsel appearing for the opposite party no. 2 submits that the present application would be virtually a second proceeding in respect of questioning the order dated 25.02.2022 emanating from an order dated 12.03.2021 particularly when Criminal Revision No. 1565 of 2022 stood dismissed by this Court by virtue of the order dated 27.04.2022. 5. For the reference, the relief sought in Criminal Revision No. 1565 of 2022 is quoted hereinunder.- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleaded to set aside the judgment and order dated 25.02.2022 passed by the learned Additional Session Judge/F.T.C., Court No. 2, Bulandshahr (Dinesh Chandra Vs. State of U.P. Smt. Mamta), Police Station- Agauta, District Bulandshahr and judgment and order dated 12.03.2021 passed by the Court of Ist Civil Judge (Additional Division)/Judicial Magistrate, Bulandshahr passed in Misc. Case No. 173 of 2019 (Smt. Mamta Vs. Dinesh and others), under Section 12 of Domestic Violence Act, Police Station-Agauta, District Bulandshahr, otherwise revisionist shall suffer irreparable loss and injury." 5. The order passed on 27.04.2022 in Criminal Revision No. 1565 of 2022 is also quoted hereinunder.- "Heard learned counsel for the revisionist and learned A.G.A. Perused the record. By means of the present revision, the revisionist is assailing the legality and validity of the order dated 12.3.2021 passed by the Ist Civil Judge (Additional Division/Judicial Magistrate, Bulandshahar in Misc. Case No. 173 of 2019 (Smt. Mamta vs. Dinesh and others) under Section 12 of Domestic Violence Act, 2005, Police Station Agauta, District Bulandshahar whereby the amount of maintenance has been quantified by the court concerned. Under the circumstances, I do not find any illegality or perversity to the order impugned dated 12.3.2021. The judgement is based on the sound reasoning and robust legal acumen. The present criminal revisions is devoid of merit and is, accordingly, dismissed." 6. Confronted with the said situation, learned counsel for the applicant seeks to take appropriate legal remedy as available under law. 7. Accordingly, the present application is consigned to record. Order Date :- 24.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad