Neutral Citation No. - 2025:AHC:28818 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1766 of 2025 Petitioner :- Manoj Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ajay Sengar, learned counsel for petitioner and learned AGA for the State. 2. Present petition has been preferred with following prayers:_ "(i) Set aside the impugned order dated 12.06.2024 and all the consequential orders passed by learned Principal Family Judge, Family Court, Jalaun at Orai in Criminal Misc. Case No. 0382 of 2024 (Smt. Phool Wati Versus Manoj Kumar), U/s 128 Code of Criminal Procedure, 1973, Kotwali-Jalaun, District Jalaun. (ii) Direct the learned Principal Family Judge, Family Court, Jaluan at Orai to pass a fresh order in accordance with law in respect of the Criminal Misc. Case No. 0382 of 2024 (Smt. Phool Wati Versus Manoj Kumar), U/s 128 Code of Criminal Procedure, 1973, Kotwali-Jalaun, District Jalaun." 3. Since the proceeding which has already been settled on the basis of compromise vide order dated 21.05.2023, has been again re- instituted after receiving handsome compensation, whereupon the fresh process has been issued in pursuance to Section 128 of Cr.P.C. 4. Learned counsel for the petitioner submitted that once the proceeding has already been dropped by way of deciding the matter vide order dated 21.05.2023, the learned Principal Judge, Family Court, Jaluan at Orai is not competence to re-institute the same only at the behest of an application preferred by respondent no. 2. 5. Per contra, learned AGA for the State vehemently opposed the prayer sought through the instant petition. 6. The order which is under challenge dated 12.06.2024 is merely an order for registering the matter which was placed by respondent no. 2 in shape of application for realization of amount in pursuance to order dated 27.06.2016 has already been settled between the parties vide order dated 21.05.2023, but at the same time it is only be order through which notices have been issued to the petitioner and as such the petitioner will be at liberty to apprise the facts of the case before learned court concerned which is part of the instant petition. 7. After receiving the objection as directed to the petitioner to be preferred before the learned court concerned, the learned Court of Principal Judge, Family Court, Jaluan at Orai is hereby directed to decide the maintainability of application dated 12.06.2024 which was numbered as Criminal Misc. Case No. 0382 of 2024, after giving opportunity of hearing to all the concern and then only to proceed further if required. 8. The above mentioned exercise shall be initiated immediately after preferring objection at the behest of the petitioner and the same shall be decided within two months thereafter. 9. The instant petition stands disposed of accordingly. Order Date :- 28.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad