Avneesh Kumar vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:50575

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 11267 of 2025

Applicant :- Avneesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kuldeep Tripathi,Shiv Shanker Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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The present application under Section - 528 B.N.S.S. has been filed with the following prayer :-

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"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceedings of Misc. Case No. 759 of 2024 (Smt. Neetu Singh & Others Vs. Avneesh Kumar), under Section 125(3) Cr.P.C./144(3) B.N.S.S. read with 531(2)(b) BNSS, District - Sambhal, pending in the court of learned Family Judge, Sambhal at Chandausi, as well as the dated 25.05.2025, passed by learned Family Judge, Sambhal at Chandausi, whereby the learned Court below has rejected the objection dated 20.11.2024, filed by the applicant."

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Learned counsel for the applicant submitted that opposite party no.2 and 3 were awarded maintenance under Section - 125 Cr.P.C. vide order dated 25.02.2022, whereby opposite party no.2/wife was awarded maintenance @ Rs. 14,000/- per month and opposite party no.3 was awarded maintenance @ 1,000/- per month. Learned counsel submitted that while the proceedings under Section - 125 (3) Cr.P.C. were pending, the opposite party no.2 has started residing with applicant since November, 2022 but later she has again abandoned the company of applicant. It was submitted that opposite party no.2 and 3 were not entitled to recover the arrears of maintenance for the period during which they have resided with applicant. Applicant has filed his objection to that effect but the same have been rejected by the Family Court in an

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arbitrary manner. It was submitted that impugned order is against facts and law and thus, liable to be set aside.

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Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order.

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I have considered the rival submissions and perused the record.

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Perusal of record shows that opposite party no.2 and her minor child (opposite party no.3) were awarded total maintenance of Rs. 15,000/- per month by the Family court vide judgment dated 25.02.2022. The opposite party no.2 has initiated aforesaid proceedings under Section - 125 (3) Cr.P.C. for recovery of arrears of maintenance. It is well settled that the arrears of maintenance have to be considered and calculated in terms of the judgment/order passed under Section - 125 Cr.P.C. Whether after the judgment in case under Section - 125 Cr.P.C., the opposite party no.2/wife has resided with applicant or not, the same cannot be a ground to deduct any arrears of maintenance. Learned Family court has considered the objection of the applicant in correct perspective and rejected the same by a reasoned order. There is nothing to show that there has been any abuse of the process of Court or the impugned order has resulted into miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 528 B.N.S.S. The application under Section - 528 B.N.S.S. lacks merit and thus liable to be dismissed.

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Accordingly, the application u/s 528 B.N.S.S. is hereby dismissed .

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Order Date :- 8.4.2025 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Avneesh Kumar v. State of U.P. and 2 Others

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Avneesh Kumar v. State of U.P. and 2 Others

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