Neutral Citation No. - 2025:AHC:52074 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7805 of 2025 Applicant :- T. Pradeep Rao Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Ganguli,Pranab Kumar Ganguli Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri P.K. Ganguli, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State/opposite party no.1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No.407 of 2018 (Ekta Sharma Vs. T. Pradeep Rao), under Section 12 of the Protection of Women from Domestic Violence Act, District Ghaziabad, pending before the court of learned Civil Judge (J.D.)/ F.T.C.-1, (Crimes against Women), Ghaziabad. 3. The applicant herein had earlier approached this Court while filing application U/S 482 No. 13720 of 2024 in which on 24.05.2024, wherein the following orders have been passed: "1. Heard Sri Ashutosh Ganguli, learned counsel for the applicant and Sri Padmakar Rai, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.407 of 2018, u/s 12 Protection of Women from Domestic Violence Act (hereinafter referred to as "Domestic Violence Act"), pending in the court of Civil Judge (J.D.)/F.T.C.-1 (Crime against Women), Ghaziabad. 3. At the very outset, learned counsel for the applicant has submitted that he is not pressing his prayer for quashing the impugned proceeding, however, he is seeking direction to the court below to conclude the proceeding in Case No.No.407 of 2018, u/s 12 Protection of Women from Domestic Violence Act, expeditiously, in time bound manner. 4. Contention of learned counsel for the applicant is that case of the applicant u/s 12 Domestic Violence Act, has been pending since 2018, but till date it has not been 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." 5. 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. 6. Accordingly, learned Civil Judge (J.D.)/F.T.C.-1 (Crime against Women), Ghaziabad is directed to conclude the trial of Case No.407 of 2018, u/s 12 Protection of Women from Domestic Violence Act (hereinafter referred to as "Domestic Violence Act"), pending in the court of Civil Judge (J.D.)/F.T.C.-1 (Crime against Women), Ghaziabad, expeditiously preferably within a period of 90 days from the date of receipt of copy of this order. 7. With the aforesaid direction, the application is disposed of." 4. Learned counsel for the applicant has submitted that despite the fact that the applicant is armed with an order of this Court as noticed above, the opposite party no. 2 is prolonging the proceedings so as to even make the circumstances bad to worst. He submits that the applicant is residing in Hyderabad and, thus, it has become virtual impossible to him to appear on the dates, particularly, when the adjournment has been granted on mere asking. 5. Learned AGA on the other hand submits that once the applicant possesses an order then in the circumstances, it is for the applicant to approach the court below. 6. I have heard the learned counsel for the parties and perused the record. 7. I am of the opinion of the court, that the applicant is already armed with an order dated 24.05.2024. It is always open for the applicant to approach the court below and insist for hearing of the matter and for disposal as earlier directed by this Court. The Court has no reason to disbelieve that the court below shall adhere to the directions issued therein and would proceed to decide the matter within the time stipulated therein. 8. Accordingly, the application stands consigned to record. Order Date :- 9.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad