Neutral Citation No. - 2025:AHC:73239 Court No. - 73 Case :- APPLICATION U/S 482 No. - 1481 of 2025 Applicant :- Surajveer Singh And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Diwan Saifullah Khan learned counsel for the applicants as well as Sri Indrajeet Singh Yadav, learned AGA for the State/opposite party no.1. 2. Learned counsel for the applicants on his instructions submits that he is not pressing the application on behalf of the applicant no.1, who happens to be the husband of the opposite party no.2, thus the application on behalf of the applicant no.1 is dismissed. 3. Accordingly, the application in so far as the applicant no.1 is dismissed. 4. This application under Section 482 of the Cr.P.C. has been filed by the applicants to quash the proceedings initiated against the applicants by the opposite party no.2, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (In Short D.V. Act) registered as Complaint Case No.2667 of 2017 as against the applicants pending in the court of Additional Chief Judicial Magistrate, Court No.4, Agra (Smt. Seema Vs. Surajveer Singh and others). 5. Learned counsel for the applicants has submitted that the applicant no.2 is the father-in-law, applicants no.3 is the mother-in- law, applicant nos. 4 & 5 are Devars, applicant no.6 is the Nanad, applicant no.7 is Nandoi, applicant no.8 is Bua-Sas and applicant no. 9 is the Fufa-Sasur. He further submits that proceedings under Section 12 of the D.V. Act stood lodged by the opposite party no.2 pursuant whereto the husband of the opposite party no.2 has also already put in appearance, however, on 16.5.2024 the case has been directed to be proceeded ex parte against the applicants therein. He also submits that the applicants have been falsely implicated that they do not answer the defamation of the respondents under Section 2(q) of the D.V. Act and there is no domestic relationship under Section 2(f) of the D.V. Act. 6. Learned counsel for the applicants relies upon the judgement of the Hon. Apex Court in the case of Ashish Dixit vs. State of U.P. Laws (SC) 2013 1 44 so as to contend that the Hon'ble Apex Court had cautioned that in the said proceedings under the D.V. Act, there is no necessity to implead and implicate the entire family. He however, submits that the husband of the opposite party no.2 has already entered appearance and is paying maintenance however, so far as the applicants are concerned, they would be preferring an application for recalling of the order dated 16.5.2024, post the same they shall be filing their reply taking on legal and factual grounds which will be directed to be considered. 7. Learned AGA submits that once the proceedings have been directed to be initiated an ex parte then it is always open for the applicants to prefer appropriate proceedings/application for recalling of the said order as the case is to be decided on the merits itself and not throttled on technicalities. 8. Having heard the submissions so made across the bar and in view of the statements so sought to be made by the learned counsel for the applicants, liberty is accorded to the applicants to prefer appropriate application for recalling of the order dated 16.5.2024 and it goes without saying that when an opportunity is being accorded to the applicants to place on record the entire facts, it will be open for them to take all legal grounds including the judgement which has been referred thereto. 9. Accordingly the application under Section 482 of the Cr.P.C. stands disposed of. Order Date :- 7.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad