HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36431 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Prem Chandra Patel, learned counsel for the applicants, who are five in number, and Sri Pankaj Srivastava, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the ex-parte judgment and order dated 16.04.2025 passed by Gram Nyayalaya Phoolpur, Azamgarh in Complaint Case No.111 of 2024, Preeti Prajapati Versus Rahul Prajapati and others, Under Section 12 of the Domestic Violence Act, 2005, Police Station Deedarganj, District Azamgarh. 3. Learned A.G.A. has raised a preliminary objection regarding maintainability that against the order dated 16.04.2025 passed by the Gram Nyayalaya District Azamgarh, under Section 12 of the Domestic Violence Act, there happens to be an appeal provided 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. Versus Counsel for Applicant(s) : Prem Chandra Patel Counsel for Opposite Party(s) : G.A. Durgawati And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, liberty is accorded to the applicant to prefer an appeal before the 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 considered sympathetically and decided with most expedition strictly in accordance with the law of the land. 8. With the above observations, the application stands disposed of. September 22, 2025 N.S.Rathour NA528 No. 36431 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad