2025:UHC:8797 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 1599 of 2025 06 October, 2025 Mudit Mongia ---------Applicant Versus Shilpy Mongia and another ------Respondents ---------------------------------------------------------------------- Presence:- Mr. Rajendra Arya, Advocate for the applicant. ---------------------------------------------------------------------- Hon'ble Subhash Upadhyay, J. (oral) The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with the prayer to allow the instant criminal misc. application and direct Court of learned Principal Judge, Family Court, Dehradun to decide and conclude the proceedings of Criminal Case No.75 of 2024, “Smt. Shilpy Mongia Vs. Another Vs. Mudit Mongia (Under Section 125 Cr.P.C.) expeditiously within stipulated time which this Court deems fit and proper in the facts and circumstances of the case. 2. It is contended that application under Section 125 Cr.P.C. was filed by respondent no.1 on 26.02.2024. On 24.04.2024 applicant filed his objections. Thereafter, 14 dates were fixed, but the case is still at the stage of evidence of respondents, as such, the application under Section 125 Cr.P.C. is pending for more than 20 months but could not reach to its logical end. Respondent no.1 is not interested in early disposal of the proceedings. The delay in proceedings of the case is causing great 1 2025:UHC:8797 hardship, miscarriage of justice and irreparable loss to the applicant and the applicant has no other alternate remedy except to approach the High Court and invoke the jurisdiction of this High Court under Section 528 of BNSS 2023, as such, it would be expedient in the interest of justice to direct the learned Trial Court to decide the proceedings of the aforesaid criminal case at the earliest. 3. From the record, it is clear that the matter is pending for more than 20 months before the Family Court. 4. In view of the above observation, the present C-528 Application filed by the applicant stands disposed of with the direction to the concerned Family Court to decide the case as per law, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. 5. Pending application, if any, also stands disposed of. (SUBHASH UPADHYAY, J.) Dated: 06.10.2025 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a63 80d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72 C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2025.10.07 12:21:27 +05'30'