Neutral Citation No. - 2025:AHC:63573 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14076 of 2025 Applicant :- Arun Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwini Kumar Srivastava Counsel for Opposite Party :- Nishant Kumar,G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama has been filed by Sri Nishant Kumar on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Ashwini Kumar Srivastava, learned counsel for the applicants as well as Sri J.P. Gupta, learned AGA for the State and Sri Nishant Kumar appearing for opposite party no. 2. 3. This application u/s 528 of BNSS has been filed for quashing the Complaint dated 06.02.2025 as well as entire proceeding of Complaint Case No.63 of 2025 (Smt. Isha Malik Vs. Arun Singh and others) under Section 12 of the Domestic Violence Act of Police Station Bita-2, District Gautam Budh Nagar pending in the Court of Civil Judge (Junior Division), F.T.C.-II, Gautam Budh Nagar. 4. Learned counsel for the applicant has submitted that the marriage of the applicant no. 1 stood solemnized with the opposite party no. 2 on 03.05.2022, however, the applicants no. 2 to 7 who happens to be father-in-law, mother-in-law, sister-in-law, two brothers-in-law and the wife of the brothers-in-law have been unnecessarily roped in and made parties in the proceedings under Section 12 of the D.V. Act. He further submits that already proceedings under Section 9 of the Hindu Marriage Act for restitution of conjugal rights stood initiated on 06.02.2025 bearing Case No. 233 of 2005 which is pending. He submits that applicants have been falsely implicated and there is no question of issuing notice upon them. 5. Learned counsel for the opposite party no. 2 submits that what is to be seen is the fact that no order whatsoever has been passed under Chapter IV of the DV Act, 2005 and further it is for the applicants to contest the said proceedings before the court below. 6. Learned AGA has supported the arguments of the opposite party no. 2. 7. Having heard the submissions so made across the bar, the crucial question arises regarding the extent of judicial intervention at this stage. Learned counsel for the applicant has sought to rely upon a decision of this Court in case of Smt. Suman Mishra Vs. State of U.P. & others Application u/s 482 No. 6975 of 2023 decided on 31.07.2024 that this Court might not interfere at this stage particularly at the stage of issuance of notice and the remedy lies elsewhere. At this juncture, the court had put a pointed query upon the learned counsel for the applicant as to whether any order has been passed under Chapter IV of the 2005 Act the answer is in negative. Learned counsel for the applicant submits that the applicant shall be putting appearance in the proceedings and taking all legal and factual ground which may be directed to be decided and the liberty to accorded to again approach the Court challenging the said orders. 8. In view of the said stand taken by the opposite party, this Court does not find the present case to be a fit case for interference, thus, it is left open for the applicant to contest the matter while putting their appearance and, in case, any order is passed under Chapter IV of 2005 Act then the remedy is under Section 29 or 25 of the Act. 9. With the said observation, the application stands disposed of. Order Date :- 24.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad