Neutral Citation No. - 2025:AHC:146003 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31415 of 2025 Applicant :- Badan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rahul Yadav, learned counsel for the applicant and Sri Moti Lal learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the proceeding of Complaint Case No. 1292 of 2022 (Savitri Vs. Badan Singh) under sections 12,13,14,15 The Protection of Women From Domestic Violence Act 2005, Police Station-Hayatnagar, District Sambhal pending before Civil Judge (Junior Division)/ Judicial Magistrate, Sambhal at Chandausi Civil Judge (Junior Division) / Judicial Magistrate, Sambhal at Chandausi as well as impugned order dated 5.10.2024 passed by Civil Judge (Junior Division)/ Judicial Magistrate, Sambhal at Chandausi. 3. Learned AGA has preliminary objection regarding maintainability of the present application on the ground that the passed under Sections 12,13,14,15 of the Protection of Women From Domestic Violence Act, 2005 granting interim maintenance is appealable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute to the said legal position. However, he submits that in case the applicant prefers appeal then it would be delayed thus the delay be condoned. 5. Having heard the submissions so made across the bar, the application stands disposed of, once the remedy of appeal under Section 29 of the D.V. Act is itself provided, it is for the applicant to take recourse to the said proceeding and in case there is no delay then it is also open for the applicant to take justifiable ground for condonation of delay. Order Date :- 23.8.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad