Neutral Citation No. - 2025:AHC:34550 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7745 of 2025 Applicant :- Vyaschand Yadav Correct Name Byaschandra Chhabinath Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Yadav,Arun Kumar Yadav,Rajeev Nayan Singh 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. This application U/S 528 BNSS has been filed for quashing of the entire proceedings of Criminal Misc. Case No. F-148 of 2024 (Rekha Yadav Vs. Vyaschand Yadav), under Section 128 Cr.P.C., Police Station Chauri, District Bhadohi, pending in the Court of Principal Judge, Family Court Bhadohi, Gyanpur and also for a direction to the court concerned to decide the proceeding of Criminal Case No.F-459 of 2024, under Section 126 Cr.P.C., within shortest possible stipulated time. 3. It has been submitted by the learned counsel for the applicant that the opposite party no.2 has filed a case under Section 125 Cr.P.C. against applicant and in that matter no notice was served upon the applicant, who was working in Mumbai. The case under Section 125 Cr.P.C. was decided by exparte judgement dated 29.03.2024. When applicant came to know about the said exparte judgement, he has filed application under Section 126 Cr.P.C. on 27.09.2024. Meanwhile, the opposite party no.2 initiated the impugned proceedings under Section 128 Cr.P.C. for recovery of arrears of maintenance. 4. Learned counsel submitted that the application of the applicant under Section 126 Cr.P.C. is pending. Thus, the impugned proceedings under Section 128 Cr.P.C. may be quashed. 5. Learned AGA has opposed the application and submitted that no case for quashing of the impugned proceeding is made out. 6. Perusal of record shows that the opposite party no.2 was awarded maintenance by exparte judgement dated 29.03.2024. The opposite party no.2 has filed application under Section 126 Cr.P.C. on 27.02.2024 to recall the ex-parte judgement. Merely because the applicant has filed an application under Section 126 Cr.P.C. to recall the said exparte judgement, the impugned proceedings cannot be quashed. There is no just and valid ground to quash the impugned proceedings. Accordingly the prayer of quashing of impugned proceedings is hereby refused. 7. However, considering facts of the matter, the learned Principal Judge, Family Court, Bhadohi, Gyanpur is directed to expedite the proceedings of application filed by the applicant under Section 126 Cr.P.C. and to decide the same as early as possible, preferably within a period of five months. 8. With the aforesaid observations, Application U/S 528 BNSS is disposed of. Order Date :- 10.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad