Neutral Citation No. - 2025:AHC:52381 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11753 of 2025 Applicant :- Naresh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Santosh Kumar Singh, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the impugned order dated 08.10.2018 passed by Learned Additional Chief Judicial Magistrate, Court No. 13, Agra in Complaint Case No. 4268 of 2015 (Smt. Indrawati Versus Naresh and Others) U/s 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Iradatnagar, District-Agra, pending in the court of Learned Additional Civil Judge/F.T.C., Agra.. 3.Learned counsel for the applicant has submitted that on 14.05.2011 it is alleged that the marriage of the applicant stood solemnized with O.P. No.2. Thereafter proceedings under Section 498-A IPC read with Section 3/4 of D.P. Act, which stood initiated being Complaint Case No. 3188 of 2014. However, the Court of Principal Judge, Juvenile Court, Agra by virtue of order dated 13.02.2019 declared the applicant to be juvenile and acquitted on 13.11.2024. According to learned counsel for the applicant, on a proceeding being initiated by the applicant under Section 13 of the Hindu Marriage Act, in Matrimonial Case No.394 of 2014, an exparte decree came to be passed on 15.10.2015. According to learned counsel for the applicant, a complaint under Section 12 of the Protection of Women from Domestic Violence Act, stood initiated. An order came to be passed on 20.05.2017 rejecting the application of the applicant that he was minor at the time of filing of the application under Section 12 of the D.V. Act on 18.11.2015. Against the said order, a Criminal Appeal No. 223 of 2017 came to be preferred by the applicant, which came to be rejected by the Court of Addl. Sessions Judge, Court No.8, Agra on 16.11.2017. According to the learned counsel for the applicant, an order came to be passed on 08.10.2018 in the Complaint Case, wherein the applicant was directed to pay Rs.2000/- as interim maintenance. Now, a recovery warrant has been issued on 08.08.2024. Learned counsel for the applicant has submitted that once there happens to be a decree of divorce then by no stretch of imagination the applicant can be fastened with the said liability of payment of interim maintenance. 4. Learned A.G.A. on the other hand submits that the application has been preferred against the order dated 08.10.2018 in the year 2025 and further now recovery proceeding have also been initiated. He submits that there are appropriate remedies available under the 2005 Act, which the applicant should avail, either under Section 25 or under Section 29. 5. To such a submission, the applicant could not dispute the fact that there already exists remedy under Section 25/29 of the Act. 6. Looking into the fact that already, there exists remedy under Section 25 and Section 29 of the Act, and the application has been preferred questioning the order dated 08.10.2018 in the year 2025, the interference is declined. 7. The application is disposed of granting liberty to the applicant to challenge the said orders while taking appropriate remedy under the D.V. Act. Order Date :- 10.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad