HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29622 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application has been filed by the applicants for quashing the proceedings initiated by opposite party no. 2 against the applicants under Sections 12, 17, 18, 19, 20, 21, 22 of Protection of Women from Domestic Violence Act 2005, pending before Judicial Magistrate Court No.1, Aligarh as Case No. 1053 of 2024 (Ekta @ Rukmani Vs. Amit and other). 3. It is submitted by learned counsel for the applicants that notices have been issued by order dated 5.10.2024 to the applicants by the court concerned. Learned counsel for the applicants further submits that notice could have only be issued after receiving of the incident report from the Protection Officer or the service provider as per Section 12(1) proviso of the Protection of Women from Domestic Violence Act, 2005. Learned counsel for the applicants further submits that entire family members have been roped in and husband has also appeared before the court concerned. It is further submitted by learned counsel for the applicants that the present proceedings are not tenable as the procedure laid down under Section 12 of the Protection of Women from Domestic Violence Act, 2005 has not been followed. 4. It is to be seen that in the present case aggrieved person has approached the Magistrate concerned by presenting an application under Section 12 of Versus Counsel for Applicant(s) : Devesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Kishori Lal And 12 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the Protection of Women from Domestic Violence Act, 2005. The Magistrate has issued notices to the opposite parties. Section 12(1) of the Protection of Women from Domestic Violence, 2005 is not maintainable. The proviso to the aforesaid provision provides that Magistrate before passing an order on such application shall take into consideration any domestic incident report received from the Protection Officer or the service provider. The argument of learned counsel for the applicants is to the effect that even notice cannot be issued by the Magistrate concerned unless the report is called from the Protection Officer or the service provider. 5. It is further to be seen that proviso to Section 12(1) of the Protection of Women from Domestic Violence, 2005 provides that order on the application under Section 12 of the Protection of Women from Domestic Violence, 2005 cannot be passed unless domestic incident report is received from the Protection Officer or the service provider. The law does not bar the Magistrate from issuing notices to other party to the litigation as they are the matters with regard to the procedural Rules being followed by the court concerned. The Magistrate concerned however is obliged under law while passing an order under Section 12(1) of the Protection of Women from Domestic Violence, 2005 to consider the aforesaid report. Accordingly, the argument raised by learned counsel for the applicants is not tenable and it is hereby rejected. So far as the argument raised by learned counsel for the applicants that family members have been roped in, it is to be seen that at present there is no cause of action against the applicants as only notices have been sent to the applicants and it is for the applicants to approach before the Magistrate concerned. No interference is warranted. 6. Accordingly, the application under Section 528 BNSS is dismissed. 7. The applicants would be at liberty to file objection before the Magistrate concerned and raise all issues. October 9, 2025 VMA NA528 No. 29622 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad