Neutral Citation No. - 2025:AHC:53523 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12185 of 2025 Applicant :- Smt. Manikanchan Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shailendra Kumar Tripathi, learned counsel for the applicant as well as Sri Abhishek Tripathi, learned AGA for the State. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the recovery proceedings initiated against the applicant in pursuance of order dated 20.9.2024 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, Mathura in Criminal Case No.1210 of 2024 (Smt. Rajkumari Vs. Smt. Manikanchan Tripathi and others), under Section 31 of the Protection of Women From Domestic Violence Act, 2005, Police Station-Vrindavan, District Mathura, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.7, Mathura. 3. Learned counsel for the applicant has submitted that the opposite party no.2 filed a Criminal Case No.480 of 2022, under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (Smt. Rajkumari Vs. Smt. Manikanchan Tripathi and others). According to the applicant, an ex parte order came to be passed on 15.1.2024, proceedings under Section 31 of the Act, 2005 stood also preferred by the opposite party no.2 being Criminal Case No. 1210 of 2024 (Smt. Rajkumari Vs. Smt. Manikanchan Tripathi and others) in which an order was passed on 20.9.2024. The applicant further claims to have preferred a Criminal Appeal No.417 of 2024, ( Smt. Manikanchan Tripathi vs. State of U.P.), under Section 29 of the Act, 2005 before the court of District & Sessions Judge, Mathura on 14.6.2024 challenging the order dated 15.1.2024. 4. Learned counsel for the applicant further submits that the opposite parties not joining the said proceedings and it is avoiding presence. He also submits that the till proceedings are decided by the lower appellate court, protection be accorded. 5. Learned AGA on the other submits whatever might be once an appeal is pending then it is for the applicant to approach the appropriate forum and plead urgency in that regard. 6. Having heard the submissions so made across bar, this Court does not find it appropriate to pass any protection during the pendency of the appeal which is stated to be filed beyond limitation. However, the applicant is at liberty to file appropriate application/proceedings before the court below for expeditious disposal of the appeal and this Court has no reason to disbelieve that the court below shall pass appropriate orders looking into the grievance of the applicant. 7. With the above observation, the application stands consigned to record. Order Date :- 11.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad