Neutral Citation No. - 2025:AHC:71035 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15565 of 2025 Applicant :- Lallan Prasad Pandey and 5 others Opposite Party :- State of U.P. and another Counsel for Applicant :- Chandra Bhushan Mishra, Prem Shanker Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Chandra Bhushan Mishra, learned counsel for the applicants and Sri Vikas Sharma, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred for quashing the entire proceedings of Complaint Case No. 1410 of 2019 (New Complaint Case No. 3643 of 2019) (Smt. Riya Pandey Vs. Akshay Pandey and others), under Section 12 of Protection of Women from Domestic Violence Act, 2005, P.S. Sihani Gate, District Ghaziabad. 3. Learned counsel for the applicants has submitted that a complaint stood lodged under Section 12 of the Domestic Violance Act, 2005 by the opposite party no. 2 against the husband as well as the applicants who are six in number, applicant no. 1 father-in- law, applicant no. 2, mother-in-law, applicant no. 3 and 6, brothers- in-law, applicant no. 4, sister-in-law and applicant no. 5, Chachiya Saas with an allegation that offence has been committed. Submission of the learned counsel for the applicants is that the applicants have not committed any offence and they do not come within the purview of the respondents as per Section 2(q) and there is no domestic relationship in view of the definition assigned under Section 2(f), they submit that the applicants have been falsely implicated and roped in. 4. Learned AGA, on the other hand, submits that there is nothing on record to suggest that any order under Chapter IV of the Act has been passed and only the applicants have been noticed, it is always open for them to appear before the court below and plead their case that they have been falsely implicated. 5. I have heard the submissions so made across the bar and perused the record carefully. 6. Apparently, a complaint has been lodged by the opposite party no. 2 against the applicants as well as the husband under Section 12 of the D.V. Act. On a pointed query being raised to the learned counsel for the applicants as to whether any order has been passed under Chapter IV of the Act, the answer is in negative. The Court has further made a query to demonstrate as to under what circumstances, the provisions of Section 2(q) and 2(f) are not applicable. Learned counsel for the applicant could not point out except arguing that they have been falsely roped in. 7. Looking into the facts and circumstances of the case and that only notices have been issued and it is always open for the applicants to put in their appearance and submit their reply and in view of the judgment in the case of Suman Mishra vs. State Of Uttar Pradesh: 2025 INSC 203. 8. The Court does not find it an appropriate case to interfere, accordingly, the application is disposed of granting liberty to the applicants to put in their appearance while submitting their response and contest the matter while taking all legal and factual grounds and, in case, such grounds are taken, this Court has no reasons to disbelieve that the same shall be considered strictly in accordance with law. Order Date :- 5.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad