HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.6) Neutral Citation No. - 2025:AHC:113624 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42970 of 2024 Applicant :- Sahid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh,Vishal Kumar Sonkar Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Vishal Kumar Sonkar, learned counsel for the applicant and Shri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the order dated 16.10.2023 passed by the Principal Judge FamilyCourt Amroha in Criminal Misc Case No. 278 of 2023 (Smt. Rihana Parveen Vs. Sahid) under section 125 Cr.P.C. as well as the order dated 7.10.2024 in Criminal Misc. Case No. 40 of 2024 (Sahid Vs. Rihana Parveen) under section 126(2) Cr.P.C. police station Naugawan Sadat District Amroha. 3. Learned counsel for the applicant submits that his application under section 126(2) Cr.P.C. has been wrongly rejected by the family Court Amroha. 4. From perusal of the impugned order dated 7.10.2024 it is apparent that the application under section 125 Cr.P.C. filed by the opposite party no. 2 was decided ex-parte on 16.10.2023 and an amount of Rs.4,000/- was awarded as maintenance to the opposite party no. 2. After passing of the said order, the applicant herein had filed an application under section 126(2) Cr.P.C. The order dated 16.10.2023 of the family court categorically recorded that the notices were duly issued to the applicant which he has refused to accept, therefore, on refusal, the service was deemed to be sufficient against the applicant and the matter was proceeded ex- parte and thereafter the final order was passed. Inasmuch as the applicant had avoided to appear in the proceedings and deliberately chose not to participate in the proceedings, therefore, the application moved under section 126 (2) Cr.P.C. by the applicant was misconceived on the part of the applicant and thus there is no illegality in the order dated 7.10.2024 passed on the application under Section126 (2) Cr.P.C. Further it is noteworthy that vide order dated 16.10.2023 the Family Court has awarded only a sum of Rs.4,000/- which is a meager amount. Thus, in the considered opinion of this Court no interference is called for by this Court in the impugned orders. 5. For the reasons aforesaid, the instant application lacks merit and is accordingly dismissed. Order Date :- 15.7.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad