Neutral Citation No. - 2025:AHC:90404 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15927 of 2025 Applicant :- Jitendra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jeetendra Kesharwani,Siddharth Niranjan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Siddharth Niranjan, learned counsel for the applicant as well as Sri Moti Lal, learned AGA for the State. 2. This application under Section 528 of the BNSS has been filed by the applicant to quash the recovery warrants issued against the applicant by the learned Additional Chief Judicial Magistrate, Court No.2 District-Gorakhpur on 27.2.2024 in Case No.3376 of 2023 (Ranju Gupta Vs. Jitendra Gupta), under Section 31 of the Protection of Women from Domestic Violence Act, 2005 (In short Act) Police Station-Gulriha, District-Gorakhpur, presently pending in the Court of the learned Additional Civil Judge (Senior Division)/Fast Track Court, District-Gorakhpur. 3. Learned counsel for the applicant has submitted that the marriage of the applicant no.1 stood solemenized with the opposite party no.2 on 21.6.2021, however, on account of matrimonial discard, the opposite party no.2 left the matrimonial house, thus, proceedings under Section 9 of the Hindu Marriage Act was instituted which came to be allowed on 19.12.2023, thereafter, the proceedings under Section 12 of the Act was also instituted by the opposite party no.2 which was allowed on 13.10.2023 against which a recall application has been preferred on 23.9.2024, however, now orders have been passed under Section 31 of the Act. 4. Prayer in the application is for a direction to the court below to decide the recall application with most expedition. 5. Learned AGA has no objection to the same. 6. Considering the submissions so made across bar the application stands disposed of directing the court below to decide the recall application if maintainable under the provisions of the Act strictly in accordance with law with most expedition. Order Date :- 27.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad