Neutral Citation No. - 2025:AHC:56454 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11742 of 2025 Applicant :- Mohd. Saeed And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Bal Ram Gupta, learned counsel for the applicants, Sri S.K. Singh, learned AGA for the State. 2. This is an application U/s 528 BNSS has been filed for quashing the complaint dated 15.05.2023 as well as the entire proceeding of complaint case no. 1891 of 2023 (Bushra Khatoon vs. Mohd. Saeed and Ors) under Section 12 of Domestic Violence Act, P.S. Chamanganj, District Kanpur Nagar pending in the court of Additional Civil Judge (J.D.)/ Judicial Magistrate, court no.10, Kanpur Nagar. 3. Learned counsel for the applicant submits that proceedings under section 12 of Domestic Violence Act 2005 stood initiated against the applicants, thereafter, notices were issued on the basis of incorrect address so sought to be provided by opposite party no.2 thereafter a recall application stood preferred by the applicant which came to be allowed on 03.12.2024 and the applicants have put in appearance in the proceedings. Learned counsel for the applicants submits that the said proceedings are nothing but an abuse of the process of law and so far as the applicant nos. 4 & 5 are concerned they are separately living. Learned counsel for the applicant submits that the father-in-law is also not liable to maintain the daughter in law in view of the provisions of Muslims Law. 4. Learned AGA on the other hand submits that once the applicant has put in appearance and there is no order passed under chapter IV of the Act then the proceedings at this stage would not be maintainable and in case such an order is passed against the applicants, the remedy lies under section 25 & 29 of D.V. Act. 5. Having heard the submissions so made across the bar, the sole question which arises for determination is the extent of judicial intervention at this stage. Apparently, the applicant are put to notice and an exparte order came to be passed on 19.09.2024 against which a recall application was preferred which came to be allowed on 03.12.2024. Since the applicants have already put in appearance before the court below while filing the recall application which was allowed and there is no order passed under chapter-IV of the Act. Thus it would not be appropriate to interfere at this stage. In case any order is passed then the applicants have the legal remedy to approach the competent forum while invoking under Section 25 & 29 as the case may be. 6. With the aforesaid observation, the present application stands disposed of. Order Date :- 15.4.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad