Neutral Citation No. - 2025:AHC:80085 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15777 of 2025 Applicant :- Jyoti Srivastava And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kr Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vinod Kr Pandey, learned counsel for the applicants as well as Sri V.S. Kushwaha, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicants to quash the Complaint Case No.533 of 2023, (Niharika Vs. Kuldeep), under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (In short the Act) Police Station Gyanpur, District Bhadohi pending in the court of Civil Judge (Junior Division)/Fast Track Court, Bhadohi at Gyanpur. 3. Learned counsel for the applicants has submitted that a complaint stood lodged by the opposite party no.2 on 3.4.2023 against her husband and other family members including the applicant no.1 Nanad, applicant no.2 son of the applicant no.1, applicant no.3 daughter of applicant no.1 and applicant no.4 daughter-in-law of applicant no.1. According to the learned counsel for the applicants totally false and frivolous allegations being totally incorrect and bundle of lies has been sought to be levelled against the applicants. 4. Learned counsel for the applicants submits that they have been unnecessarily arraigned as a party in the present proceedings particularly when there is no domestic relationship as per Section 2(f) of the Act and they cannot be termed to be respondents under Section 2(q) of the Act. He further submits that there is no shared household under Section 2(s) of the Act so as to implead the applicants in this regard. He also submits that the marriage of the opposite party no.2 stood solemnized with one Kuldeep Srivastava on 14.6.2006 and she being the sister of the Kuldeep Srivastava has been unnecessarily made a party. He thus submits that the complaint as well as the order issuing notice be quashed. 5. Learned AGA on the other hand submits that no orders have been passed till date under Chapter-IV of the Act and in case any order is passed and the same is amenable to an appeal under Section 29 of or proceedings under Section 25 of the Act. 6. I have heard the submissions so made across the bar and perused the record. A complaint has been lodged by the opposite party no. 2 against her husband Kuldeep Srivastava and the applicants description of the relationship which has been noted hereinabove. Though the marriage of the opposite party no.2 stood solemnized with Kuldeep Srivastava on 14.6.2006, however the allegations contained in para 4, 5 & 6 itself pinpoints the domestic violence being committed by the applicants wherein the applicants have been shown to have taken 50,000/- rupees and thereafter administered beating and further she was threatened and thrown away on the premise that in case the demand of Rs.50,000/- is not made good the opposite party would not be allowed to enter her matrimonial house. In para 4 a specific allegation has been made against the applicant no.1 that she had taken the valuables of the opposite party no.2. 7. As a matter of fact, only notices have been issued to the applicants and coupled with the fact that there already exists allegations of domestic violence in the complaint, thus, it cannot be said that the complaint is frivolous at this stage. Prima facie allegations are there which would invoke the sections under which the said complaint has been made. 8. In any view of the matter, once notices have been issued and there has been no order passed under Chapter IV of the Act thus it is for the applicants to contest the said application while filing their reply and in case any order is passed then it will be open for them to challenge the same as per the remedy available therein. 9. Even otherwise, the Court finds that it is not a fit case for interfering in view of the judgment in the case of Smt. Suman Misra vs. State of U.P. Application U/S 482 No.6975 of 2013 decided on 31.7.2024. 10. However, at this stage, learned counsel for the applicants on instruction from his client submits that the applicants shall be filing their response while contesting the matter, however, interim protection be accorded. In the opinion of the Court since only notices have been issued and no order has been passed under Chapter IV of the 2005 Act. Thus, it is for the applicants to contest the matter and the Court has no reason to disbelieve their contentions shall be considered in correct perspective and in case any order is passed under Chapter IV of 2005 Act then the applicants would always be free to avail remedy under Section 29 of the Act. Even otherwise the Court has no reason to disbelieve that all the factual and legal contentions so sought to be raised shall be considered by the court below in correct perspective and the orders shall be passed strictly in accordance with law. 11. Accordingly, the application stands disposed of. Order Date :- 15.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad