HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34088 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Mayank Singh, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 21.04.2024 (An. No. 2) passed by Civil Judge (J.D.)/FTC 1st, Agra in Complaint No.15522/2019 U/s 23 Domestic Violence Act arising out Complaint No.348/2019, Smt. Janakshri @ Rekha Vs Dauji & others U/s 12 Domestic Violence Act P.s. Mahila Thana, District Agra.. 3. Learned A.G.A. has raised a preliminary objection regarding maintainability of the present proceedings on the ground that the order under challenge 21.04.2024 passed by the Civil Judge (J.D.)/FTC 1st, Agra is appealable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute the said fact, but he submits that the appeal would be barred by limitation. 5. Learned A.G.A. submits that the applicant may take all the legal and valid ground for condonation of delay. 6. Having heard the submissions so made across the Bar, this Court is of the opinion that since a remedy lies of an appeal under Section 29 of the D.V. Act, thus this Court is not inclined to interfere in the present proceedings. However, liberty is accorded to the applicant to prefer an appeal before the Versus Counsel for Applicant(s) : Mayank Singh, Ram Dulare Singh Counsel for Opposite Party(s) : G.A. Dauji .....Applicant(s) State of UP through Principal Secretary Affairs Home UP at Lucknow and another .....Opposite Party(s) forum as provided under Section 29 of the D.V. Act. 7. In the opinion of the Court, once an appeal is preferred taking all the grounds, which are permissible for condonation of delay, then this Court has no reason to disbelieve, that the same shall be decided with most expedition strictly in accordance with the law of the land. 8. With the above observations, the application stands disposed of. September 9, 2025 N.S.Rathour NA528 No. 34088 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad