Neutral Citation No. - 2025:AHC:136059 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16932 of 2025 Applicant :- Anish Chauhan And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajkumar Verma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rajkumar Verma, learned counsel for the applicants, who are 8 in number, and Sri Bhuwal Vishwakarma, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceeding of Complaint Case no. 3637 of 2022 (Manju @ Gajal Vs. Anish Chauhan and others) under section 17, 18, 19, 20, 21 and 22 of Domestic Violence Act Police Station Chandauli, District- Chandauli, pending in the court of Civil Judge (Junior Division) F.T.C.-I/Judicial Magistrate, Chandauli. 3. Learned counsel for the applicant has submitted that on 22.06.2022, a complaint under Sections 17, 18, 19, 20, 21 and 22 of Domestic Violence Act came to be lodged against the applicants, who are the husband, father-in-law, mother-in-law, jethani, and other family members with an allegation that marriage of O.P. No.2 stood solemnized with the applicant no.1 in the year 2012. At the time of the marriage, several gifts were offered, but the applicants were not happy with the same, as the demand was for more. They used to assault the applicant and on 10.05.2021 at 08:30, she was thrown out from her matrimonial house. Thereafter notices have been issued to the applicant. Learned counsel for the applicants submits that the applicants are innocent, they have not committed any act or omission so as to invoke the provisions under the Domestic Violence Act. There is nothing on record to show except bald allegations that the O.P. No.2 was subjected to domestic violence. He further submits that the statements of PW-1 and PW-2 have been recorded and the applicants are living outside and they do not have any domestic relationship. 4. Learned A.G.A. on the other hand submits that no order has been passed, only notices have been issued and the proceedings are underway, it is for the applicant to contest the same. 5. I have heard the submissions so made across the Bar and perused the record carefully. 6. Apparently, no orders have been passed, only notices have been issued. The order-sheet reveals that the statements of PW- 1 and PW-2 have been recorded. Once the said being the position, it is for the applicant to contest the proceeding. In any view of the matter, no orders have been passed and in case any order is passed, then they are subject to challenge by way of appeal under Section 29 of the Act or by moving appropriate proceeding under Section 25 of the Act. Even otherwise, the Court finds that a perusal of the allegations would reveal that the O.P. No.2 /wife has been thrown out from her matrimonial house and she has been subjected to domestic violence at the end of the applicant. The question as to whether the applicants answer the description of the respondent under Section 2(q), there is domestic relationship under Section 2(f), the O.P. No.2 is an aggrieved person under Section 2(a) and she answers the description of the respondent under Section 2(r) and shared household under Section 2(s) of the Act is dependent upon the nature of the allegations. Since no orders have been passed and looking into the allegations, it cannot be said that the complaint is frivolous as the same is liable to be proceeded with. 7. Accordingly, the interference is declined. The application stands disposed of leaving it open for the applicant to contest the proceedings while taking all legal and factual submissions and in case, any orders are passed, they are always subject to challenge as per the remedies under the Act. Order Date :- 12.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad