Neutral Citation No. - 2025:AHC:85748 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16117 of 2025 Applicant :- Vishal Kumar Shrivas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- Bhavisya Sharma,G.A.,Nishith Tripathi Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, Sri Nishith Tripathi, learned counsel for the opposite party nos.2 to 4 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 seeking following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application U/s- 528 B.N.S.S. and quash the impugned order dated 17.08.2024 as well as order dated 25.10.2024 and also entire proceeding of Complaint Case No. 1146 of 2024 (Smt. Shilpi Shrivas and others vs Vihal kumar Shrivas), under Section 147 BNSS, Police Station- Sipari Bazar, District-Jhansi, pending in the court of Principal Judge, Family Court, Jhansi." 3. It has been submitted by learned counsel for the applicant that impugned orders are against facts and law and thus liable to be quashed. Earlier, the proceedings of the case were stayed by co-ordinate Bench of this Court vide order dated 20.12.2018, passed in application under Section 482 Cr.P.C. No.46467 of 2018, however, later on said application under Section 482 Cr.P.C. was dismissed for want of prosecution vide order dated 28.05.2024. Learned counsel has referred facts of the matter and submitted that both the impugned orders are liable to be set aside. 4. Learned counsel for the opposite party nos.2 to 4 has opposed the application and submitted that the opposite party nos.2 to 4 were granted maintenance under Section 125 Cr.P.C. vide order dated 06.03.2017. The applicant has filed an application under Section 482 Cr.P.C. against that order, wherein applicant was directed to pay 50% amount of the total outstanding amount by 31.01.2018 and remaining 50% amount to be paid by 31.03.2018 and to pay monthly maintenance regularly but that order has not been complied with. It was submitted that there is no illegality or perversity in the impugned orders. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that opposite party nos.2 to 4 were granted maintenance under Section 125 Cr.P.C. by the Family Court vide order dated 06.03.2017. The application under Section 482 Cr.P.C. against that order has already been dismissed. By impugned order dated 17.08.2024 the application filed by oppsotie party no.2 under Section 147 BNSS for recovery of arreas of maintenance has been registered and notice has been issued to the applicant. By order dated 25.10.2024 the Family Court has issued recovery warrants against applicant for realisation of arrears of maintenance. It was also shown that the order dated 18.12.2017, passed by this Court in application under Section 482 Cr.P.C. No.42104 of 2017 has also not been complied with. No material illegality or perversity could be pointed out in the impugned orders. There is nothing to show that there has been any abuse of the process of court or miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section 528 BNSS. The application under Section 528 BNSS lacks merits and thus, liable to be dismissed. 7. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 21.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad