The single judge dismissed an application under Section 482 Cr.P.C. seeking quashing of Family Court proceedings. The applicant requested withdrawal of the plea allowing objection in Family Court, as per law.
Application dismissed as not pressed; applicant given liberty to file objection in Family Court.
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Neutral Citation No. - 2025:AHC-LKO:29955
Court No. - 14
Case :- APPLICATION U/S 482 No. - 4200 of 2025
Applicant :- Balbinder Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Pawan Kumar,Dharmendra Raiquar,Seema Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard.
The present application under Section 482 Cr.P.C./ 528 BNSS has been filed with the following prayers:
"Wherefore, it is most respectfully prayed that Hon'ble Court may kindly be pleased to quash the whole Proceedings of the case no.155 of 2025, under section 144 BNSS. "Jhanvi Somvanshi vs Balbinder "relating to P.s.- Kotwali Nagar and also which is pending before the Hon'ble Principal Judge, Family Court District- Pratapgarh."
Learned A.G.A. has raised a preliminary objection that the wife of the applicant has moved an application under Section 144 BNSS / Section 125 Cr.P.C. for maintenance and the applicant may raise objection showing therein that the wife i.e. Respondent No.2 is not entitled for maintenance under Section 144 BNSS/ 125 Cr.P.C. but the applicant has directly approached this Court, so the same is liable to be dismissed.
At this stage, learned counsel for the applicant has prayed that the applicant may be permitted to withdraw the present application and the same may be dismissed as not pressed with liberty to pursue the case pending before the Family Court.
As prayed, the application is dismissed as not pressed with liberty to move application / objection in the case pending before the court concerned, which is permissible under the Law.
Order Date :- 20.5.2025 S. Kumar
Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether an application for quashing proceedings under Section 482 Cr.P.C. can be entertained if the applicant agrees to withdraw and file objections in the Family Court instead.
2 provisions across 2 enactments
Balbinder Singh
State Of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
