Neutral Citation No. - 2025:AHC:52585 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11865 of 2025 Applicant :- Haidar Ali Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manish 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 under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings of Criminal Misc. Case No.589 of 2023 (Misc. Case No.1420 of 2023), pending before the Court of Principal Judge Family Court, Badaun, as well as against the ex-parte judgment dated 02.11.2017, passed by Principal Judge Family Court, Badaun in Case No.942 of 2015, under Section 125 Cr.P.C., Police Station- Bisauli, District- Badaun. 3. It has been submitted by learned counsel for the applicant that the opposite party no.2 was awarded maintenance by ex- parte judgment dated 02.11.2017 and thereafter she has initiated proceedings under Section 128 Cr.P.C. but they have compromised the mater and the proceedings under Section 128 Cr.P.C. were withdrawn. Thereafter, the opposite party no.2 has lived with applicant for about five years but later on she has again initiated the impugned proceedings under Section 128 Cr.P.C. Referring to facts of the matter, it was submitted that once she has compromised the case, she can not initiate proceedings under Section 128 Cr.P.C. and thus the same are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that opposite party no.2 was awarded maintenance by ex-parte judgment dated 02.11.2017 passed by Principal Judge Family Court, Badaun. In view of law laid down in case of Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445, Ashu Jain Vs. State of U.P. and 3 Others 2023:AHC:165660 and Liaqat Husain Vs. Jainab Praveen & Anr. AIRONLINE 2020 ALL 2497, this application under Section 528 BNSS against order dated 02.11.2017, is not maintainable. 7. So far the impugned proceedings under Section 128 Cr.P.C. are concerned, it is apparent that unless and until the order dated 02.11.2017 is set aside varied, she has a right to initiate proceedings under Section 128 Cr.P.C. Merely because earlier in recovery proceedings, she has withdrawn an application under Section 128 Cr.P.C., it would not preclude her from seeking maintenance and initiating proceedings under Section 128 Cr.P.C. in terms of order dated 02.11.2017. Thus, no case for quashing of impugned proceedings under Section 128 Cr.P.C. is made out. The application under Section 528 BNSS lacks merit and thus liable to be dismissed. 8. Accordingly, the application u/s 528 BNSS is hereby dismissed. Order Date :- 10.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad