Neutral Citation No. - 2025:AHC:40453 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8933 of 2025 Applicant :- Anil Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed for quashing of entire proceedings of Case No.513 of 2023 (Preeti Vs. Anil), under Section 125 Cr.P.C., Police Station - Devgaon, District - Azamgarh, pending before the Court of Principal Judge, Family Court, Court No.1, Azamgarh. 3. It is submitted by learned counsel for the applicant that the opposite party no.2 has filed the aforesaid case under Section 125 Cr.P.C. against the applicant, claiming maintenance. The applicant has filed objection dated 05.12.2023, stating that the opposite party no.2 has remarried with one Sujeet Kumar and she is also having pregnancy from him. It was submitted that on the basis of re- marriage of opposite party no.2, she is not entitled for maintenance under Section 125 Cr.P.C. and thus the application filed by opposite party no.2 under Section 125 Cr.P.C. was not maintainable and therefore liable to be quashed. 4. Learned AGA opposed the application and submitted that whether the opposite party no.2 has remarried or not, it is a question of fact, that can only be decided by the Family Court. 5. I have considered rival submissions and perused the record. 6. Perusal of record shows that the opposite party nos.2 & 3 have filed aforesaid case under Section 125 Cr.P.C. against applicant. The opposite party no.2 is stated to be wife of applicant and applicant no.3 is their daughter. While filing written statement, the applicant has taken an objection that the opposite party no.2 has re-married with one Sujeet Kumar and she is having pregnancy from him and her name has also been entered into voter list as wife of said Sujeet Kumar. The question whether opposite party no.2 has re-married or not, is a question of fact and that can be examined by the Family Court concerned. 7. In view of aforesaid facts, the Family Court concerned is directed to decide the objection dated 05.12.2023 filed by the applicant expeditiously, preferably within a period of five months from the date of production of copy of this order before the Family Court concerned in accordance with law. 8. The application under Section 528 BNSS is disposed of accordingly. Order Date :- 20.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad