HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16691 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the application and quash the entire proceeding of complaint case no. 1126 of 2026 (Smt. Usha Vs. Archana and others) under section 12 of Protection of Women from domestic violence Act 2005 police station Highway District Mathura as well as the complaint no. 1126 of 2026 2026 (Smt. Usha Vs. Archana and others) under section 12 of Protection of Women from domestic violence Act 2005 police station Highway District Mathura. Pending in the court of Learned Judicial Magistrate VIIth District Mathura. 3. Applicant's counsel submits that instant complaint lodged by mother- in-law of applicant No.1 under the Protection of Women from Domestic Violence Act. Opposite party No.2 has filed present complaint adding father and brothers of her daughter-in-law, having no concern with the alleged incident and do not fall under the definition of Section 2(f) of Domestic Violence Act. Present complaint lodged against the applicants are malicious prosecution. Issuance of notice by learned Magistrate is without application of judicial mind. 4. Considering the argument raised by applicants' counsel, present application filed against the issuance of notice by learned Magistrate. As per applicant's counsel submission, applicant Nos.2, 3 and 4, who are Versus Counsel for Applicant(s) : Kuldeep Singh Chahar Counsel for Opposite Party(s) : G.A. Archana And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) brothers and father of applicant no.1, do not come under the definition of Section 2(f) of Protection of Women from Domestic Violence Act. The applicant Nos.2, 3 and 4 are father and brothers of complainant's daughter-in-law (applicant No.1). The father and brothers of applicant No.1 is not responsible to maintain the mother-in-law of his daughter/sister, for the maintenance and relief sought from the applicants by the complainant/opposite party no.2 in the aforesaid proceeding cannot be entertained. Court also finds that applicant Nos.2 to 4 do not come under the definition of aforesaid section and they cannot be made accused in the present proceeding. Since the present proceeding is semi civil and semi criminal proceeding and applicants have remedy to raise objection before appropriate Forum, hence, prayer to quash the proceeding is hereby refused. 5. The present application U/s 528 BNSS is disposed off with direction that if applicants filed objection/application before learned Magistrate, within a period of two weeks from today, the Magistrate shall decide the same within a period of four weeks from the date of filing of objection/application, after hearing both the parties and keeping in view the observation made in the aforesaid order. 6. For the period of two weeks from today or till the time of filing of objection/application before the Court below, whichever is earlier, no coercive action shall be taken against them. April 23, 2026 Nitin Verma NA528 No. 16691 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad