HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28095 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri K.K. Mishra, learned counsel for the applicants as well as Sri Moti Lal, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the entire proceeding of complaint case no.34 of 2017 "Smt. Shivlesh Devi and others Vs Anuruddha Prasad and others" under section 12 (1) and its Other relief sought under section 18, 19, 20, & 22 Protection of women from Domestic Violence Act police station Mau, District Chitrakoot pending before Judicial Magistrate-I, Chitrakoot. 3. The case of the applicant is that on 24.05.2017, a complaint under Section 12 of the D.V. Act came to be filed by O.P. No.2 against the father-in-law, mother-in-law, devar and devrani with an allegation that the marriage of the O.P. No.2 stood solemnized with one Shrawan Kumar who happens to be the son of applicants no. 1 and 2 and with their wedlock, two children were born, however, in a road accident, husband of O.P. no.2 expired. Thereafter, applicants herein subjected the O.P. No.2 and the children to domestic violence, as their family pension and all other valuables were taken away and they were thrown out of the matrimonial house of O.P. No.2, while threatening that the O.P. No.2 and the children are never to come back again to the home and the O.P. No.2 and the children are staying in their maternal house. Learned counsel for the applicants submits that the complaint itself is not maintainable, particularly when only general and omnibus allegations have been leveled. He submits that there is no iota of evidence that the Versus Counsel for Applicant(s) : K.C. Mishra Counsel for Opposite Party(s) : G.A. Anuruddha Prasad And 4 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) applicants have committed the offence and the O.P. No.2 does not come within the definition of an aggrieved persons and the applicants cannot be termed to be respondents, there is no house-hold or domestic relationship. 4. Learned A.G.A. on the other hand submits that the complaint had been preferred in the year 2017 and after a period of eight years, the applicants have approached this Court and already proceedings are underway. 5. I have heard the submissions so made across the Bar and perused the records carefully. 6. Apparently, a complaint under Section 12 of the D.V. Act came to be lodged in the year 2017 on 25.05.2017 by O.P. No.2, who claims to be the daughter-in-law of the applicants no.1 and 2, marriage of O.P. No.2 came to be solemnized with the son of the applicants no. 1 and 2, however, in the year 2008, he expired. There are specific allegations that the O.P. No.2 had been thrown out of her matrimonial house and her family pension and other valuables have been taken away and they were subjected to domestic violence. Prima facie, the O.P. No.2 comes within the definition of aggrieved person under Section 2(a) and since the allegations have been leveled against the applicants regarding subjection of domestic violence, they come within the definition of Section 2(r). The words employed in Section 2 (f) being 'domestic relationship' and Section 2(s) being 'shared household' itself shows that the domestic violence or the shared household, can be at any stage and it is not a hard and fast rule that it should be of the date, when complaint stood lodged. As only complaint has been challenged and already the proceedings are underway and as per the applicants, no orders have been passed under Chapter IV, thus it cannot be appropriate to go into the merits of the allegations. 7. Accordingly, interference is declined. The application is disposed of leaving it open to the applicant to contest the trial before the court below while taking all the legal and factual grounds and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. September 10, 2025 N.S.Rathour NA528 No. 28095 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad