Neutral Citation No. - 2025:AHC:71085 Court No. - 87 Case :- APPLICATION U/S 482 No. - 34413 of 2024 Applicant :- Arif Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Saleem Khan,Surjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash order dated 27.10.2023 passed by Principal Judge, Family Court, Sambhal at Chandausi in Case No.43 of 2022 (Ameena vs. Arif Khan) under Section 125 Cr.P.C., Police Station-Baniyather, District-Sambhal. 3. Learned counsel for the applicant submitted that the marriage of the applicant was solemnized with O.P. no.2 in the year 2019. He next contended that due to matrimonial discord, applicant lodged an FIR against O.P. no.2 and her parents which was registered as Case Crime No.0006 of 2022 u/s 420, 506 IPC, P.S.Faiz Ganj Behta, District-Budaun. He submitted that O.P. No.2 has filed an application under Section 125 Cr.P.C. on 11.02.2022 as a counter blast to the said proceedings. He submitted that in the said proceedings, the applicant had filed a counter specifically stating that O.P. no.2 is transgender and not a woman and her marriage has been solemnized concealing the said fact, hence the applicant has lodged an FIR on 05.01.2022 against O.P. no.2 and her parents. 4. He next contended that during investigation I.O. has produced O.P. no.2 at District Women Hospital, Budaun on 17.01.2022 where she was adjudged to be a normal woman by the doctor. Thereafter, applicant has filed an application on 02.08.2023 before the court below with a prayer for medical examination of O.P. no.2. The court below has rejected his application vide order dated 27.10.2023 with an observation that O.P. no.2 has already been medically examined and according to doctor, she is female. The aforesaid order has been challenged by means of the instant application. 5. He submitted that the doctor has prepared the report in collusion with O.P.No.2 declaring her as a normal woman. He further argued that the application of the applicant with prayer to reconstitute a Medical Board for medical examination of O.P. no.2, which has been wrongly and illegally rejected by the court below. He submitted that the impugned order is arbitrary and not sustainable in the eyes of law. 6. Per contra, learned A.G.A. vehemently opposes the application and contends that there is no illegality in the impugned order passed by the court below. He next argued that O.P. no.2 has already been examined by a doctor and as per medical report, the allegation against O.P. no.2 of being a transgender was found to be incorrect. He next contended that the applicant has preferred application before the court below in proceedings u/s 125 Cr.P.C. just to deny the maintenance amount to her. 7. Heard rival submissions advanced on behalf of the parties and perused the record. As per medical report of O.P. no.2, she is a normal woman. I see no illegality or infirmity in the impugned order and see no reason for directing for re-constitution of the Medical Board. I further find that filing of this application is nothing but pure abuse of process of law and there is no merit in this application as the same has been filed just to delay the payment of dues to the wife. 8. The instant application is, accordingly, dismissed. Order Date :- 5.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad