HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35329 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Satyendra Kumar Yadav learned counsel for the applicants and Sri Pankaj Srivastava learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire proceeding of complaint case no. 2702 of 2023 (Fariyana Versus Mohd. Shahid and others) under Sections 18,19,20,21 and 22 of Protection of Women from Domestic Violence Act 2005 and impugned exparte order dated 17.07.2025 passed by the learned Additional Chief Judicial Magistrate Firozabad in the complaint case no. 2702 of 2023 (Fariyana Versus Mohd. Shahid and others) under sections 18,19,20,21 and 22 of Protection of Women from Domestic Violence Act 2005 police station Narkhi District Firozabad pending in the court of Learned Additional Chief Judicial Magistrate Firozabad. 3. Learned AGA has preliminary objection regarding maintainability of the present application on the ground that the order dated 17.07.2025 passed under Sections 18,19,20,21 and 22 of 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 applicants could not dispute to the said legal position. However, he submits that in case the applicants prefer appeal then it would be delayed thus the delay be condoned. Versus Counsel for Applicant(s) : Satyendra Kumar Yadav, Sunil Kumar Yadav Counsel for Opposite Party(s) : G.A. Mohd. Shahid And 4 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 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 applicants to take recourse to the said proceeding and in case there is delay then it is also open for the applicants to take justifiable ground for condonation of delay. September 15, 2025 piyush NA528 No. 35329 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad