Neutral Citation No. - 2025:AHC:46388 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10489 of 2025 Applicant :- Raghuraj And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Upendra Kumar Rai, learned counsel for the applicants who are 3 in number and Sri S.K. Singh, learned AGA for the State. 2. This is an application filed under Section 482 Cr.P.C. for quashing the entire proceedings in Complaint Case No.417 of 2022 (Smt. Suman Gautam v. Raghuraj & Others), U/S 12 of Domestic Violence Act, Police Station Dhoomanganj, Allahabad, pending in the Court of Additional Chief Judicial Magistrate, Court No.16, Allahabad. It is further prayed that further proceedings of aforesaid complaint case shall remain stayed during the pendency of present application. 3. Learned counsel for the applicants has submitted that applicant no.1 is the father-in-law, applicant no.2 is the Jeth and applicant no.3 is the Jethani. Marriage of the son of applicant no.1 stood solemnized with opposite party no.2 on 15.11.2015. Learned counsel for the applicants further submits that totally false and frivolous allegations have been levelled without any basis. Learned counsel further submits that though the notices were issued and the applicants have put in appearance while filing reply. A copy whereof has been annexed as Annexure No.3 but the proceedings cannot be allowed. 4. Learned AGA has opposed the present application while contending that only notices have been issued and there is no order under Chapter IV of 2005 Act has been passed. So, it may not be appropriate to interfere. 5. Having heard argument so advanced across the bar, the crucial question arises regarding judicial intervention. This Court in Application under Section 482 Cr.P.C. No.6975 of 2013 (Smt. Suman Mishra v. State of U.P.) on 31.07.2024 had opined that an Application under Section 482 Cr.P.C. may not be maintainable against the order issuing notice and summoning the accused. 6. As a matter of fact, here the Court finds that there is no order passed under Chapter IV of the 2005 Act and in case any order is passed then the same is amenable to be passed under Section 29 of DV Act by way of an appeal or by way of alteration under Section 25. Since in the present case, only notices have been issued, thus, remedy under the present jurisdiction may not be available. 7. Accordingly, the application is allowed. 8. It is always open for the applicants to make legal recourse available under the law. 9. With the aforesaid observations, present application stands disposed of. Order Date :- 2.4.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad