Neutral Citation No. - 2025:AHC:66115 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2549 of 2025 Applicant :- Maqsood Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Khalid Mahmood,Mohd. Naseer Ahmad,Qazi Abid Azam Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section - 482 Cr.P.C. has been preferred against order dated 19.09.2024, passed by the learned Principal Judge, Family Court, Meerut, in Criminal Misc. Case No. 51 of 2024 (Maqsood Alam vs. Smt. Shama Parveen and others), under Section 126(2) Cr.P.C., P.S.- Kharkhauda, District- Meerut, whereby the application filed by the applicant under Section 126(2) Cr.P.C. has been allowed subject to costs of Rs.60,000/-. 3. It is submitted by learned counsel for the applicant that applicant is husband of opposite party no.2. The opposite party no.2 was awarded maintenance by the Family Court vide ex-parte judgment dated 08.08.2023. When applicant came to know about the said ex-parte judgment, he has filed an application under Section 126(2) Cr.P.C. to recall the said ex-parte judgment, which has been allowed by the learned Family Court vide order dated 19.09.2024 subject to costs of Rs.60,000/-. Learned counsel submitted that the costs imposed by the Family Court are excessive and arbitrary and thus the same may be reduced accordingly. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicant is husband of opposite party no. 2. The opposite party no.2 has filed the case under Section 125 Cr.P.C. against applicant in the year 2021, which was decided by ex-parte judgment and order dated 08.08.2023 and maintenance @ Rs. 5,000/- per month has been granted in favour of opposite party no. 2 / wife. The application under Section 126(2) Cr.P.C. filed for recalling of ex-parte judgement dated 08.08.2023 has been allowed subject to costs of Rs. 60,000/-. It may be stated that opposite party no. 2 was pursuing the proceedings under Section 125 Cr.P.C. since the year 2021 and by ex-parte judgement dated 08.08.2023 she was granted maintenance from the date of filing of application. Once the ex-parte judgment is recalled, the opposite party no. 2 would lost her arrears of maintenance accrued in pursuance of the said ex-parte judgement and therefore, in order to compensate the opposite party no. 2, reasonable costs has to be imposed upon the applicant. In view of the facts of the matter, it can not be said that the costs of Rs. 60,000/- imposed by the Family court upon the applicant is excessive or arbitrary. 7. Considering all relevant facts of the matter, this Court does not find any such patent illegality or abuse of the process of court in the impugned order dated 19.09.2024 so as to require any interference by the Court by invoking the extraordinary jurisdiction under Section 482 Cr.P.C. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed. 8. The application u/s 482 Cr.P.C. is accordingly dismissed. Order Date :- 29.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad