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2025 DAILYLAW 26156 (ALL)

MEENU TYAGI v. STATE OF U.P. AND ANOTHER

NA528/7310/2025 · 2025-07-17

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116645 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7310 of 2025 Applicant :- Meenu Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh Counsel for Opposite Party :- G.A.,Sanjay Kumar Pundir Hon'ble Sanjay Kumar Pachori,J. Heard Shri Avanish Pratap Singh, learned counsel for the applicant and Shri Alok Mishra, learned A.G.A. for the State and Shri Sanjay Kumar Pundir, learned counsel for the 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 orders dated 19.11.12024 & 21.12.2024 passed by Principal Judge, Family Court, Saharanpur in Maintenance Case No. 1440 of 2021, arising out of an application under Section 125(3) Cr.P.C., whereby the Family Judge has directed the parties to adjust the interim maintenance amount and the execution proceeding has been dismissed on satisfaction. Learned counsel for the applicant fairly admits that there is a dispute with regard to calculation of the amount, which has been paid by Opposite Party No. 2 to the applicant. He further admits that the order of adjustment of maintenance amount has been challenged by the applicant in Criminal Revision No. 2009 of 2024, which is still pending before this Court. 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 orders to the learned counsel for the applicant, after retaining a xerox of the same. Order Date :- 18.7.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad