Neutral Citation No. - 2025:AHC:114686 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22895 of 2025 Applicant :- Vijay Malviya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. Heard Shri Ajay Kumar Mishra, learned counsel for the applicant and Shri J.B. Singh, learned AGA for the State.. This application under Section 528 BNSS has been filed by the applicant to quash the proceeding of complaint Case No. 3478 of 2016 under Section 12 Domestic violation Act, P.S. Chaubepur, District Varanasi (Meena Malaviya Vs Vijay Malaviya other), pending in the court of Additional Chief Judicial Magistrate Court- 3, Varanasi, including order dated 05.12.2016, passed by the Court of Additional Chief Judicial Magistrate Court- 3, Varanasi. At the very outset, learned AGA has raised a preliminary objection regarding maintainability of the present application in view of the existence of an alternative efficacious remedy by making of an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 against the order passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 on 05.12.2016. Since there are already happens to be an alternative efficacious remedy to prefer an appeal under Section 29 of the Act, The Court does not find to be a fit case to interfere in the present proceedings. Having heard the submissions so made across the bar, the sole question which arises for determination in the present proceedings is to the extent of judicial intervention at this stage. Apparently, order which is being subject matter of challenge under D.V. Act accords maintenance to the opposite party no. 2 passed on 05.12.2016. The present application has been presented in the Court on 25.06.2025 approximately more than 10 years have passed. In absence of tendering any plausible explanation for delay, no interference is required. Accordingly, the application stands disposed of. Leaving it open to the applicant to take legal recourse to the remedy as available under the Act. Order Date :- 16.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad