Neutral Citation No. - 2025:AHC:60330 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8774 of 2025 Applicant :- Yogendra Singh Yadav And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Khare,Rashtrapati Khare Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Rastrapati Khare, learned counsel for the applicants who are six in number and Sri Vikash Sharma, learned State Law Officer for the State as well as Shri Yashwant Singh, counsel for opposite party no. 2. 2. This application under Section 528 BNSS has been filed by the applicants to quash the Order dated 14.10.2019 passed Judicial Magistrate Bhognipur, Kanpur Dehat, in Case No. 633 of 2019 (Archana Devi VS Yogendra and others), Under Section 12 of Protection of Women from Domestic Violence Act 2005, P.S Bhognipur, Kanpur Dehat, 3. Learned counsel for the applicants submits that applicant no. 1 happens to be husband, applicant no. 2, father-in-law and applicant nos. 3 and 4, brother-in-law as well as applicant nos. 5 and 6, sister-in-law. The marriage of the applicant no. 1 stood solemnized with the opposite party no. 2, however, due to matrimonial discord, proceedings were also initiated under Section 125 Cr.P.C. by the opposite party no. 2 against the applicants being Case No. 560 of 2019 in which an order was passed for grant of maintenance to the tune of Rs. 6,000/- to the opposite party no. 2 and to the daughter to the tune of Rs. 3,000/- and expenses to the tune of Rs. 5,000/- vide order dated 27.06.2023. Learned counsel for the applicants submits that now a proceeding under Section 12 of the D.V. Act, 2005 has been initiated and for the grant of various reliefs to the tune of Rs. 25,000/- as maintenance along with others and also release under Section 19(c) of the Act. Learned counsel for the applicants thus submits that notices have been issued on 14.10.2019 and the applicants have put in their appearance. He submits that only intention of the opposite party no. 2 to exhort money, despite the fact that she is physically able and earning in six figures. 4. Learned counsel for opposite party no. 2 as well as learned State Law Officer submits that till date, no order is purported to be under Chapter IV of the Act has been passed and further once the applicants have themselves put in their appearance then it is for them to justify their stands before the court below and further the proceedings are lingering and the application is preferred in the year 2025 though the statute mandates disposal of the proceedings with most expedition in a time bound manner. 5. I have heard learned counsel for the parties and gone through the records carefully. 6. The sole question which arises for determination in the present proceedings is to the extent of judicial intervention. Apparently, though the proceedings under Section 125 stood trigerred by the opposite party no. 2 but the same cannot be said to be a factor to forestall the proceedings under Domestic Violence Act. Section 20 in this regard is quite clear and explicit. Moreover, once no order has been passed under Chapter-IV and the applicants have put in appearance then it is for the applicants stood put their stand before the court below, thus, in the circumstances, I do not find to be a fit case for interference. 7. Accordingly, the application stands disposed of. 8. However, it is left open to applicant to take all legal or factual pleas which are available and this Court has no reason to disbelieve then the same will be dealt with most expedition. Order Date :- 22.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad