HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL DEFECTIVE No. - 1163 of 2025 Court No. - 68 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Sanjiv Kr. Dwivedi, learned counsel for the appellant and Sri D.P.S. Chauhan, learned A.G.A. for the State. 2. The instant appeal has been filed against the impugned order dated 26.5.2025 passed by Addl. Principal Judge, Family Court, Court No.1, Meerut in Misc. Case No. 103 of 2025, under Section 379/215 BNSS (340/195 Cr.P.C.) arising out of case No. 266 of 2022, under Section 125 Cr.P.C., P.S. Sadar Bazar, District Meerut. 3. At the very outset, learned A.G.A. has raised a preliminary objection that against the order passed by the Family Court, even if the order is passed under Section 340 Cr.P.C., the appeal lies under Section 19 of the Family Courts Act, 1984. In support of his contention, he has relied upon the judgement of this Court passed in Nirmala Devi vs. State of U.P.; Criminal Appeal No. 11573 of 2024 wherein this Court observed that against the order passed under Section 340 Cr.P.C. by the Family Court, the appeal would lie under Section 19 of the Family Courts Act. 4. Learned counsel for the appellant seeks permission to withdraw this appeal to file an appeal under Section 19 of the Family Courts Act against the aforesaid impugned judgement and order. 5. In view of the above, the appeal is dismissed as withdrawn with the aforesaid liberty. 6. Office to return the certified copy of the impugned order, after retaining photocopy of the same on record. October 6, 2025 Vandana Versus Counsel for Appellant(s) : Prem Narayan Tiwari, Sanjiv Kumar Dwivedi Counsel for Respondent(s) : G.A. (Arun Kumar Singh Deshwal,J.) Amit Jindal .....Appellant(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad