Neutral Citation No. - 2025:AHC:67366 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14561 of 2025 Applicant :- Abhishek Anand Verma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Anand Mohan Pandey, learned counsel for the applicants as well as Sri S.K. Singh learned AGA for the State. 2. This application has been filed U/s 528 BNSS for quashing the entire proceeding of complaint case no. 1015 of 2019 (Smt. Ashima Verma vs. Abhishek Anand Verma and Ors) U/s 12 of Protection of Women from Domestic Violence Act, P.S. Chakeri, District Kanpur Nagar pending in the court of Additional Civil Judge (J.D.) Kanpur Nagar. 3. The contention of learned counsel for the applicants is that applicant no.1 is the husband, applicant no.2 is the father-in-law and applicant no.3 is mother-in-law of opposite party no.2. The submission of learned counsel for the applicants is that proceeding under Section 12 of Domestic Violence Act stood lodged by opposite party no.2 against the applicants. It is further submitted that the applicants had been illegally roped in the present case. There is no offence under Domestic Violence Act has been committed by the applicants. He further submits that applicants are already put in their appearance in the proceedings post issuance of the notice. 4. Learned AGA on the other hand submits that once the notice have already been issued and the applicants have already put in their appearance and no orders under Chapter IV have been passed thus, in case, any order is passed, it is always open for the applicant to challenge the same by way of the remedy available under Section 25 & 29 of D.V. Act. He also seeks to rely upon the decision in the case of Suman Mishra vs. State of U.P. passed in Application U/s 482 Cr.P.C. No. 6975 of 2013 decided on 31.07.2024 so as to contend that on mere notice the proceedings may not be maintainable under section 482 Cr.P.C. and 528 BNSS. 5. Having heard the submissions so made across the bar, this Court finds that only notices have been issued and as once the applicants are put in their appearance before the court below then it is for them to take all legal and factual defences which are available and in case any order are passed under Chapter IV of the Act then they are amenable to challenge under section 25 & 29 of D.V. Act. 6. With the said observation, the application stands disposed of. Order Date :- 29.4.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad