Neutral Citation No. - 2025:AHC:80122 Court No. - 87 Case :- APPLICATION U/S 482 No. - 34640 of 2024 Applicant :- Mohd Shamshad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the order dated 24.03.2023 passed by the Principal Judge, Family Court, Kanpur Dehat in Case No. 555 of 2022 (Mohd. Shamshad vs. Azra Khatoon) under Section 126(2) Cr.P.C., Police Station – Derapur, District – Kanpur Dehat. 3. It is contended by learned counsel for the applicants that the marriage between applicant no. 1 and opposite party no. 2 was solemnized on 11.05.2009 and out of the said wedlock, a male child named Abid was born. Subsequently, due to matrimonial disputes, both parties allegedly entered into a mutual divorce in the presence of some community members, and an agreement to that effect was drawn up. It is further submitted that all mehar (dower) money and household items were returned to opposite party no. 2, and since then the parties have no connection with each other. It is argued that the initiation of maintenance proceedings under Section 125 Cr.P.C. by opposite party no. 2 after mutual divorce constitutes a breach of the alleged agreement, and hence, the order passed by the Family Court is erroneous and without application of judicial mind. 4. Learned A.G.A., however, opposes the application and submits that the Family Court has rightly proceeded under Section 126(2) Cr.P.C. based on the materials available before it. It is further submitted that the alleged deed of divorce, not being recognized under the provisions of the Muslim Women (Protection of Rights on Divorce) Act or duly adjudicated by a competent court, cannot override the statutory right of maintenance under Section 125 Cr.P.C. 5. Upon perusal of the impugned order dated 24.03.2023 and considering the submissions made, this Court finds no illegality, irregularity, or perversity in the impugned order warranting interference under the inherent jurisdiction of this Court. The Family Court has exercised its jurisdiction in accordance with law, and the factual disputes regarding validity of divorce and entitlement of maintenance are matters to be adjudicated upon by the trial court on the basis of evidence led by the parties. 6. Accordingly, the application under Section 482 Cr.P.C. is dismissed. Order Date :- 15.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad