HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34087 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Vakalatnama filed today by Sri Kumar Dhananjay (AoR No. No.A/K 0378/2012) on behalf of O.P. No.2 is taken on record.2. 2. Heard Sri A.K. Srivastava, learned counsel for the applicant, Sri K.K. Vishwakarma, learned A.G.A. for the State as well as Sri Kumar Dhananjay, for O.P. No.2. 3. This is an application under Section 528 BNSS preferred by the applicant for quashing the order dated 11.8.2025 passed by Civil Judge (J.D.)/ Judicial Magistrate F.T.C.-1, Ghaziabad in Misc. Case No. 2711 of 2025 (Neha Vs. Sulabh and another) under section 31 Protection of Women from Domestic Violence Act-2005 arising out of Case No. 1242 of 2023 (Neha Garg Vs. Sulabh Gupta and others) under section 12 Protection of Women from Domestic Violence Act-2005. 4. Learned counsel for the applicant has submitted that the applicant claims to be the tenant of the premises in question and he is not creating any obstacle with respect to the implementation of the order dated 01.02.2025 and N.B.W. came to be issued on 11.08.2025, thus he seeks breathing time to file a recall application before the court below and till the disposal of the recall application, applicant be accorded protection. 5. Learned A.G.A. as well as learned counsel for the O.P. No.2 have no objection to the same, however, the anxiety of learned counsel for O.P. No.2 is that the order dated 01.02.2025 be implemented and the proceedings be Versus Counsel for Applicant(s) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A. Diwakar Saxena .....Applicant(s) State Of U.P. And 7 Others .....Opposite Party(s) given its logical end. 6. Considering the over all facts situation as well as the limited relief sought by the applicant, the application stands disposed of directing the applicant to submit recall application seeking recall of non-bailable warrant before the court below by 19.09.2025. On the said motion, the court below shall pass appropriate order. 7. Till the disposal of the recall application, no coercive action be taken against the applicant with respect to order dated 11.8.2025 passed by Civil Judge (J.D.)/ Judicial Magistrate F.T.C.-1, Ghaziabad in Misc. Case No. 2711 of 2025 (Neha Vs. Sulabh and another) under section 31 Protection of Women from Domestic Violence Act-2005 arising out of Case No. 1242 of 2023 (Neha Garg Vs. Sulabh Gupta and others), under section 12 Protection of Women from Domestic Violence Act-2005. It shall be open for the court below to proceed with the matter strictly in accordance with law and to give a logical conclusion to the same. 8. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 9, 2025 N.S.Rathour NA528 No. 34087 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad