Neutral Citation No. - 2025:AHC:133539 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27890 of 2025 Applicant :- Bharat Jain Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Saushthav Guha Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Saushthay Guha learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State. 2. In view of the order which is being proposed to be passed notices are not being issued to opposite party nos.2 to 6. 3. This is an application filed U/s 528 BNSS for quashing the impugned order dated 29.04.2025 passed in Criminal Appeal No. 95 of 2024 (Bharat Jain vs. Smt. Neha Jain & Ors) pending in the court of learned Additional Sessions Judge, FTC, court no.3 Muzaffarnagar. 4. The case of the applicant is that proceedings U/s 17, 18, 19, 20, 21 & 22 of Domestic Violence Act stood initiated by opposite party no.2 who happens to be the wife of the applicants An order came to be passed on 19.07.2024 in case no. 19/11 of 2018 according benefits. The said order was subject matter of challenge in an appeal bearing no. 95 of 2024 U/s 25 of Domestic Violence Act and an application came to be preferred by the applicant for withdrawal of the said appeal on 28.02.2025 and the said application came to be rejected on 29.04.2025 by the court of Additional Court of District and Sessions/ FTC, court no.3 Muzaffarnagar. 5. Questioning the same, the applicant has preferred the present application. 6. Learned counsel for the applicant has submitted that it is always for the applicant who has preferred an appeal to withdraw the same as it is sweet his/her will either to comply with the order under challenge in the appeal or to question the same. He submits that even otherwise there happens to be no objection on the part of the opposite party in the appeal and thus in the court below could not have dismissed the application for withdrawal of the appeal in that regard. 7. Learned AGA on the other hand submits that it is the sweet will and the right of the appellant to prefer an appeal questioning an order may be under section 29 of the Act and once there is no objection from the other side then the court below would have allowed the said application while dismissing the appeal as withdrawn. 7. I have heard the submissions so made across the bar and perused the record. 8. In the opinion of the Court, once an appeal stood preferred by the appellant being appeal no. 95 of 2024 against the order dated 19.07.2024 passed in case no. 19/11 of 2018 and the appellant (applicants herein) seeks to withdraw the appeal, then there cannot be any possible objection. However, without going into the matter any further the application is allowed. The order dated 29.04.2025 passed by Additional District and Sessions Judge/ FTC, Muzaffarnagar in appeal no. 95 of 2024 is set aside. The matter stands remitted back to the court below to pass a fresh order on the application. Order Date :- 5.8.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad