Neutral Citation No. - 2025:AHC:45092 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10522 of 2025 Applicant :- Sanjeev Goyal And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bharat Singh Pal,Dipanshu Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Dipanshu Kushwaha, learned counsel for the applicants and Sri Abhishek Tripathi, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicants for quashing the entire proceeding of Case No. 268 of 2024, Priti Gupta Vs. Sanjeev Goyal and Others arising out ofApplication No.268 of 2024 under section 12, 18, 19 and 20 Domestic Violence Act, 2005, Police Station Shikohabad, District Firozabad pending in the court of ACJM (II) Firozabad. 3. Learned counsel for the applicants submits that applicant no.1 is the jeth, applicant no.2 is jethani, applicant no.3- mother-in-law, applicant no.4 - Jeth, applicant no.5 Jethani and applicant no.6 also a Jethani. Marriage of O.P. No.2 stood solemnized with one Ashwani Goyal in the year 2012 (02.02.2012). However, he expired on 29.09.2017. Learned counsel for the applicant submits that O.P. No.2 has solemnized second marriage and further with relation to alleged criminal offences, a Complaint Case No.160 of 2018, under Sections 506 and 504 IPC was lodged. Learned counsel for the applicant submits that the applicant nos. 1 and 2 are stationed in Jammu and they have nothing to do, whereas applicant no.6 is also not residing. He submits that the applicants have been falsely implicated. 4. Learned A.G.A. on the other hand submits that mere issuance of notice would not entail any cause of action, particulary in view of the judgment in the case of Smt. Suman Mishra vs. State of U.P., Application u/s 482 No.6975 of 2013, decided on 31.07.2024 for filing the present proceedings. He submits that only notices have been issued and it is always open for the applicant to take appropriate measures as the provisions of Protection of Women from Domestic Violence Act, 2005 is complete Code itself, wherein remedies are also provided. 5. Having heard learned counsel for the parties, the sole question which would arise for determination is the extent of judicial intervention, at this stage, in the present proceedings. Apparently, a complaint stood lodged against the applicants and only notices have been issued. Thus the remedy in present application under Section 528 of BNSS would not be available, as there are adequate remedies available to the applicant under the statute. Additionally, the arguments of the counsel for the applicants that applicant nos. 1 and 2 are stationed in Jammu, proof whereof is stated to be Aadhar Card, cannot be taken into consideration at this stage in the present proceedings in order to determine the shared household. Even otherwise, the stage has not arrived for thrashing out the issue. Nevertheless, the applicants have remedy under the Act itself or to move appropriate forum while initiating proceedings. 6. Accordingly, the application is consigned to record. Order Date :- 2.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad