Neutral Citation No. - 2025:AHC:135533 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27649 of 2025 Applicant :- Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Anil Kumar, learned counsel for the applicant as well as Sri Vikas Sharma, learned AGA for the State. 2. This is an application filed U/s 528 BNSS for quashing the order dated 05.07.2025 passed by Civil Judge (J.D.) FTC/ J.M. (C.A.W.), Kasanj in Criminal Case No. 239 of 2024 (Smt. Usha vs. Jitendra and Ors) U/s 12 of Protection of Women from Domestic Violence Act, 2005, P.S. Dholna, District Kasganj. 3. Learned counsel for the applicant has submitted that a complaint stood lodged by the opposite party no.2 against the applicant U/s 12 of Domestic Violence Act. An application came to be preferred by the applicant on 27.08.2024 for passing an appropriate orders in the light of the fact that totally false and frivolous allegations were sought to be levelled as according to the counsel for the applicant, no such incident stood occurred on 04.07.2021 and, further as per the deposition of opposite party no.2 in other proceedings she had deposed that she was thrown out from her matrimonial house on 14.6.2020 and is living in the maternal house the applicants came and subjected to assault. Learned counsel for the applicant submitted that the said application came to be rejected by the court below by virtue of the order dated 05.07.2025. 4. Learned counsel for the applicant thus submits that once the hollowness and the falsity in the claim set up by the opposite party no.2 in the shape of the complaint U/s 12 of Domestic Violence Act 2005 came to be highlighted which goes to the root of the matter then the court was under obligation to consider the same and to pass appropriate orders. Learned counsel further submits that even in the proceedings U/s 125 of Cr.P.C. there happens to be a statement of the opposite party no.2 but there is no allegation about the incident which is alleged in the complaint itself. 5. Learned State Law Officer on the other hand submits that first of all as to under which provision the application was maintainable and particularly no prejudice is being caused as the said issue is left upon to be decided when the proceedings are allowed to be continued. 6. Having heard the submissions so made across the bar and perused the record, the sole question which arise for determination is an extent of judicial intervention at this stage. Apparently post lodging of the complaint U/s 12 of the Domestic Violence Act the report of the DPO was also called. According to the counsel for the applicant there is no such event or incident dated 04.07.2021 which would be termed to be an act or omission of Domestic Violence Act but this Court at this stage is not required to delve into the said issue particularly when these are the matter which would need evidence which can only be seen and adjudged when the proceeding commence and orders are passed. Moreover on a pointed query was raised to the counsel for the applicant as to whether under which provision the said application was maintainable, nothing is forthcoming. Looking into the nature of the order passed and the over all facts and situation, the Court does not find it appropriate case for interfere at this stage. The application stands disposed of leaving it open for the applicant to take all legal and factual grounds which are advisable and permissible under the law while contesting the proceeding. Order Date :- 1.8.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad