Neutral Citation No. - 2025:AHC:6474 Court No. - 73 Case :- APPLICATION U/S 482 No. - 32834 of 2024 Applicant :- Lalit Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been preferred against the orders dated 31.01.2024 and 07.08.2024, passed by the Additional Principal Judge, Family Court, Farrukhabad in Misc Case No. 409/11/2022 (Kiran Vs. Lalit Kumar), under Section - 128 Cr.P.C., District - Farrukhabad, whereby recovery warrants and non- bailable warrants have been issued against applicant. 3. It is submitted by learned counsel for applicant that opposite party no.2 was awarded maintenance by the family court vide ex- parte judgment dated 13.05.2019 but during proceedings under Section - 128 Cr.P.C. vide Case No. 191/11/2020, both the parties have compromised the matter and that case was decided on the basis of compromise vide order dated 10.07.2021. As per compromise, applicant has to pay Rs. 12 lakhs as one time maintenance and out of that amount Rs. 2 lakhs were already received by her. A divorce petition is also pending between the parties but meanwhile the opposite party no.2 has filed the aforesaid case under Section - 128 Cr.P.C. on 06.07.2022 (Case No.409/11/2022) for enforcement of order regarding remaining amount of said compromise. It was submitted that the impugned proceedings under Section - 128 Cr.P.C. have not been filed for enforcement of order dated 13.05.2019 but for recovery of Rs. 4 lakhs on the basis of said compromise. It was further submitted that the said application under Section - 128 Cr.P.C. was not maintainable and earlier the Family court has fixed matter for hearing on maintainability but without considering the question of maintainability, the impugned order dated 31.01.2024 was passed, whereby recovery warrant was issued against the applicant. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned orders and that applicant may raise his objections regarding maintainability of said application before the Family court concerned. 5. In view of aforesaid facts and circumstances, it is directed that in case applicant files his objection before the Family court concerned within a period of two weeks from today, against maintainability of aforesaid case under Section - 128 Cr.P.C., the same shall be considered and decided expeditiously preferably within one month in accordance with law. It is further directed that for a period of two weeks from today and in case such objections are filed by the applicant before the Family court within the aforesaid period of two weeks, till disposal of such objection, no coercive action shall be taken against applicant in aforesaid proceedings under Section - 128 Cr.P.C.. 6. The application under Section 482 Cr.P.C. is disposed of accordingly. Order Date :- 15.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad