Neutral Citation No. - 2025:AHC:70259 Court No. - 87 Case :- APPLICATION U/S 482 No. - 40496 of 2024 Applicant :- Rahul Solanki Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dharmendra Kumar Srivastava,Hari Prakash Mishra Counsel for Opposite Party :- Bebi Naz,G.A.,Suhel Ahmad Hon'ble Prashant Kumar,J. 1. Heard Sri Hari Prakash Mishra, learned counsel for the applicant, learned A.G.A. representing the State-O.P. No.1 and Sri Suhel Ahmad, learned counsel for the opposite parties No. 2 & 3 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing impugned order dated 13.09.2024 passed by Principal Judge, Family Court, Bulandshahar in Misc. Case No. 429 of 2024 under Order 9 Rule 9 C.P.C. and also to quash order dated 13.09.2024 passed in Misc. Case No. 581 of 2024 (Deepika Chaudhary vs. Rahul Solanki) under Section 128 Cr.P.C. passed by Principal Judge, Family Court, Bulandshahar. 3. Learned counsel for the applicant submitted that an ex- parte order was passed under Section 125 Cr.P.C. proceedings as he was not appearing only on the ground that the mutual divorce proceedings is going on. When the mutual divorce proceedings fell apart the applicant moved an application under Section 126 (2) Cr.P.C. and the same has been rejected by the Principal Judge, Family Court, Bulandshahar vide order dated 27.03.2024 on the ground of non prosecution and non maintainability and the same has been assailed by means of the instant application. 4. Learned counsel for the applicant further submitted that the opposite party No. 2 had moved an application under Section 128 Cr.P.C. in which he was arrested and he had deposited a sum of Rs. 1 lakh. Thereafter he again deposited some more amount. He further submitted that during the pendency of the matter, he had already deposited Rs. 2, 70,000/-. 5. Lastly, learned counsel for the applicant submitted that the interest of justice will be met if the matter is remanded back. 6. Per contra, Shri Suhel Ahmad, learned counsel for the opposite parties No. 2 and 3 submitted that he has no objection if the matter is remanded back, however, applicant may be directed to pay maintenance every month. 7. To the aforesaid, learned counsel for the applicant submitted that the applicant will deposit 50% of the entire outstanding amount within one month. 8. In view of aforesaid, the impugned order dated 13.09.2024 passed by the Principal Judge, Family Court, Bulandshahr in Civil Misc. Case No. 429 of 2024 is liable to be set aside and is set aside. 9. Considering the facts and circumstances of the case, the Principal Judge, Family Court, Bulandshahr is directed to decide the aforesaid said application afresh on merit within a period of three months from the date of production of a certified copy of this order without granting unnecessary adjournments, subject to the applicant paying 50% of the total outstanding amount till date. 10. This application under Section 482 Cr.P.C. is disposed of. Order Date :- 2.5.2025/Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad