HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18605 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. Present application has been filed to quash the order dated 11.05.2023 passed by learned Civil Judge (J.D.)/ F.T.C., Sambhal at Chandausi in Complaint Case No. 05 of 2023 (Smt. Chandravati Vs. Mahesh Chandra and others) under Section 23 of Domestic Violence Act, P.S. Mahila Thana, District Sambhal and also quash the arrest warrant dated 18.02.2026. 3. Counsel for the applicant submits that applicant is husband of opposite party no. 2 and marriage was solemnized 12 years ago, thereafter two daughters born but on account of mental and physical torture, by the applicant and his family members, the opposite parties were ousted from the house of the applicant, hence the present complaint. The learned court vide order dated 11.05.2023 allowed the interim maintenance application directing the applicant to pay Rs.4000/- to opposite party no. 2 and Rs.1000/- to both minor daughters (total Rs.6000/- per month) as interim maintenance. It is next submitted that applicant is husband and if the matter is referred to Mediation and Conciliation Centre, there is chances of settlement between the parties. 4. On perusal of order impugned, it is apparent that interim maintenance application has been allowed vide order dated 11.05.2023 more than two and a half years have passed but the applicant has not paid a single Versus Counsel for Applicant(s) : Pratibha Vohra, Rajesh Bohra Counsel for Opposite Party(s) : G.A. Mahesh Chandra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) amount to opposite parties and now recovery warrant has been issued against the applicant. On perusal of the order, it is apparent that complainant has no source of income to maintain herself and minor daughters. The prayer to refer the matter to Mediation Centre cannot be considered as applicant has not deposited interim maintenance amount and moreover the applicant has chance to make prayer before the learned Magistrate for Mediation. 5. In view of the above, prima facie, case is made out against the applicant. No interference is warranted, at this stage. 6. The application is accordingly, dismissed. May 6, 2026 Meenu Singh NA528 No. 18605 of 2026 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad