Neutral Citation No. - 2025:AHC:70785 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15411 of 2025 Applicant :- Anoop Pathak And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Alok Kumar Srivastava, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the proceedings of Criminal Complaint No. 92 of 2025 "Aradhna Pathak @ Sadhna Vs. Anoop Pathak and others" under Section 12 the Protection of Women from Domestic Violence Act, 2005, Police Station Itwa, District Siddharth Nagar, pending in the Court of Civil Judge (J.D.) F.T.C., Court No.-1, Siddharth Nagar and the order dated 04-01-2025 passed by learned I/c. Civil Judge (J.D.) F.T.C., Court No.-1, Siddharth Nagar. 3. Sri Moti Lal, learned A.G.A. has raised preliminary objection regarding maintainability of the present application on the ground that by virtue of the order dated 04.01.2025 passed by Special Judge (Jr. Div.)/ F.T.C., Court No.1, Siddharth Nagar only the matter has been referred for mediation. He submits that there is no order passed under Chapter IV of the D.V. Act, thus the application may not be maintainable. 4. Learned counsel for the applicant does not dispute the said fact. 5. The sole question arises that whether the present application is maintainable. On a pointed query being raised to 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. Moreover, a coordinate Bench of this Court in Smt. Suman Mishra v. State of U.P. in Application U/S 482 No. 6975 of 2013 decided on 31.07.2024 that merely on issuance of notice the proceedings under Section 482 CrPC would not be maintainable. 6. At this juncture, learned counsel for the applicant submits that the applicants shall be putting their appearance before the court below on raising all the contentions legal and factual and direction be issued to the court below to consider the same in correct perspective. 7. Having heard the submissions so made across the Bar as well as the stand taken by learned counsel for the applicants, application stands disposed of granting liberty to the applicant to appear before the court below while taking all legal and factual aspects and this Court has no reason to disbelieve that the same shall be decided strictly in accordance with law. Order Date :- 5.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad