Neutral Citation No. - 2025:AHC:55426 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12583 of 2025 Applicant :- Jainesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupam Shyam Dwivedi,Sudhir Dixit,Utkarsh Dixit 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 B.N.S.S. has been filed for quashing of the ex-parte judgment and order dated 17.08.2023, passed by learned Additional Principal Judge, family Court No. 5, Ghaziabad in Maintenance Petition No. 657 of 2020 (Smt. Sandhya Vs. Jainesh Kumar), under Section 125 Cr.P.C., Police Station Vijay Nagar, District Ghaziabad. 3. After arguing at some length, learned counsel for the applicant submits that prayer made above is not being pressed and that applicant may be permitted to move an application under Section 126(2) Cr.P.C., along with application under Section 5 Limitation Act, to recall the ex-parte judgment dated 17.08.2023. 4. In view of the aforesaid, it is directed that in case the applicant files an application under Section 126(2) Cr.P.C., along with application under Section 5 Limitation Act, within a period of two weeks from today before the Family Court concerned, the same shall be considered and decided expeditiously in accordance with law. 5. The application under Section 528 B.N.S.S. is disposed of in above terms. Order Date :- 16.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad