Neutral Citation No. - 2025:AHC:115501 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.11) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41821 of 2024 Applicant :- Mukesh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Atul Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Atul Kumar Yadav, learned counsel for the applicant and Sri S.K. Ojha, learned AGA-I for the State. 2. The instant application under Sectin 482 Cr.P.C. has been filed seeking quashing of the order dated 30.09.2019 passed in Case No. 171 of 2017 (Smt. Preeti vs. Mukesh) under Section 125 Cr.P.C. as well as the order dated 18.03.2024 passed in Case No. 638 of 2024 (Mukesh vs. Smt. Preeti) under Section 1216(2) Cr.P.C. by the Family Court, Mainpuri. 3. Learned counsel for the applicant submits that the opposite party no. 2 and 3 have filed an application for maintenance under Section 125 Cr.P.C. After service of notice, the applicant did not participate in the proceedings and in view thereof, the said proceedings proceeded ex parte against the applicant herein and vide final order dated 30.09.2019 the said application was allowed and a sum of Rs. 2500/- and Rs. 1500/- was awarded as maintenance respectively to the opposite party no.2 and 3 from the date of application dated 27.04.2017. Subsequent thereto, he had filed an application under Section 126(2) Cr.P.C. on 18.07.2023. The submission in the said application on behalf of the applicant was that he did not get any notice and he came to know about the order dated 30.09.2019 when the recovery notice was received by him. The trial court vide order dated 18.03.2024 recorded that the applicant was not present before the court as he was sick, therefore, he could attend the proceedings and he has also produced the medical certificate. After perusal of the record of the original proceedings, the trial court has recorded that even after proceeding ex parte against the applicant, the applicant used to come to the Court on the date fixed and on 26.08.2019 when the matter was finally heard, he was present in Court. Subsequent thereto, the further hearing was done on 19.09.2019 when he was not present. Therefore, the trial court concluded that he was well aware of the proceedings pending against him under Section 125 Cr.P.C. The applicant also continued to come but he never moved an application for setting aside the ex parte order. It is further recorded by the trial court that the medical certificates which have been produced by the applicant is of the year 2018 and of 2023. There is no document to submit that during the proceedings of the case, he was not in a position to attend the court due to his ill health. Rather it is apparent that he had participated in the proceedings even at the time of hearing was being conducted in the said case. In view thereof, there was no occasion for setting aside the ex parte order passed against the applicant. 4. Learned counsel for the applicant did not make any submission with regard to the findings recorded by the Family Court in the impugned order dated 18.03.2024. Thus, the said findings recorded by the Family Court are uncontroverted and in view of the above, this Court do not find any good reason to entertain the instant application and the same is accordingly, dismissed. Order Date :- 17.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad