Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131129 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13761 of 2025 Applicant :- Ruksana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raksha Chauhan,Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Upendra Kumar Singh, learned counsel for the applicant and Shri R.K. Singh, learned A.G.A. for the State. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the order dated 21.3.2025 passed by Additional Principal Judge, Family Court, Fatehpur in Maintenance Case No. 503 of 2021, arising out of an application under Section 125, Cr.P.C., whereby an application under Section 311, Cr.P.C. has been dismissed.
Learned counsel for the applicant fairly admits that the application has been filed to file an affidavit of Imran, Opposite Party No. 2, which has been given at Police Station where both the parties compromised the matter in the presence of Village Pradhan. He further admits that there is sufficient evidence on record to prove the case of maintenance. 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 order to the learned counsel for the applicant, after retaining a xerox of the same.
Order Date :- 5.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad