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2025 DAILYLAW 13155 (ALL)

NIKHIL RIJHWANI v. STATE OF U.P. AND 2 OTHERS

NA528/3577/2025 · 2025-07-30

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127777 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3577 of 2025 Applicant :- Nikhil Rijhwani Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ankur Sharma,Nidhi A. Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Ankur Sharma, learned counsel for the applicant, Shri Alok Mishra, learned A.G.A. for the State and Ms. Preete Chaudhary, learned counsel for the Private-Opposite Party No. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the order dated 6.9.2024 passed by Principal Judge, Family Court, Gautam Buddha Nagar in Maintenance Case No. 138 of 2020, arising out of an application under Section 125, Cr.P.C., whereby amendment application has been allowed. Learned counsel for the applicant submits that present applicant is husband of Private-Opposite Party No. 2. He fairly admits that the proceedings under Section 125, Cr.P.C. is criminal and quasi civil. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the order to the learned counsel for the applicant, after retaining a xerox of the same. Order Date :- 31.7.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad