Neutral Citation No. - 2025:AHC:85739 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13992 of 2025 Applicant :- Naseem Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ahamad Farhan,Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Criminal Misc. Application of the applicants and quash the entire Criminal proceeding of the judgment and order dated 05.09.2023 passed by the learned Additional Family Judge, Family Court No. 2 Muzaffarnagar in Case No. 1403 of 2022 (Smt. Abida and others Vs. Nasim) u/s 125 Cr.P.C. as well as and order dated 30.07.2024 passed by learned Additional Principal Judge Family Court No.2, Bulandshahr Case No. 1676 of 2023 (Naseen Vs. Abida and others) under section 126 (2) Cr.P.C. Police Station - Meerapur, District Muzaffarnagar." 3. Perusal of record shows that the opposite party no.2 to 5 were awarded maintenance by ex-parte judgment dated 05.09.2023 passed by Additional Principal Judge, Family Court No.1, Muzaffarnagar. Applicant has filed an application under Section - 126 (2) Cr.P.C., which has been allowed vide impugned order dated 30.07.2024 subject to costs of Rs. 20,000/- and with condition that applicant shall pay interim maintenance @ Rs. 2,000/- per month to the opposite party no.2/wife and maintenance @ Rs. 1,000/- per month each to the three minor children. Learned counsel for the applicant submitted that children of applicant are residing with applicant and he is maintaining them and thus, the grant of interim maintenance to the children (opposite party no.3 to 5) is against law and that no opportunity of hearing was provided to the applicant regarding grant of interim maintenance. Referring to facts of the matter, it was submitted that impugned orders are against facts law and thus, liable to be set aside. 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. The main contention of learned counsel for applicant is that the opposite party no.3 to 5, who are children of applicant and opposite party no.2, are living with applicant and grant of interim maintenance to them is against law. In view of these facts, it is provided that in case applicant files his objections against grant of interim maintenance to the opposite party no.3 to 5 before the Family Court concerned within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with law. 7. The application under section - 528 BNSS is disposed of in above terms. Order Date :- 21.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad