Neutral Citation No. - 2025:AHC:90707 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16075 of 2025 Applicant :- Sone Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akansha Srivastava,Quazi Mohammad Akaram 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. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been preferred for quashing of the entire proceedings of Execution Case No. 52 of 2024, under Section 128 Cr.P.C., P.S. Manjhanpur, district Kaushambi, pending in the court of Principal Judge, Family court, Kaushambi, as well as for quashing of order/letter dated 04.12.2024 issued in the aforesaid case. 3. It has been argued by learned counsel for applicant that the opposite party No. 2 was granted maintenance by the Family court vide judgement dated 26.11.2014. Earlier opposite party No. 2 has initiated recovery proceedings under Section 128 Cr.P.C., which were disposed of by order dated 13.08.2022. It was stated that on 01.05.2024 the opposite party No. 2 has filed a fresh application under Section 128 Cr.P.C., which has been registered as a misc. case no. 52 of 2024. In these proceedings a letter has been issued by the Family court to the Zila Panchayat Raj Adhikari, Kaushambi to realize the arrears of maintenance amounting to Rs. 73,000/- in five equal monthly installments from the salary of applicant. Learned counsel submitted that the second application under Section 128 Cr.P.C. was barred by law and thus, the impugned proceedings are liable to be quashed. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned letter/order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that the applicant is husband of opposite party No. 2, who was granted maintenance @ Rs. 4,000/- per month by the Family court vide judgement dated 26.11.2014. Merely because earlier application of opposite party No. 2 under Section 128 Cr.P.C. was disposed of on the ground that the arrears of maintenance were paid by the applicant, it could not bar a fresh application under Section 128 Cr.P.C. for realization of arrears of maintenance, which have been accrued after disposal of the earlier application under Section 128 Cr.P.C. No material illegality or perversity could be shown in the impugned order, by which a letter has been issued to the Zila Panchayat Raj Adhikari, Kaushambi for realization of the arrears of maintenance amounting to Rs. 73,000/- in five equal monthly installments from the salary of applicant. There is nothing to indicate that there has been any abuse of the process of court or miscarriage of justice, so as to require any interference in the impugned order by this Court in exercise of powers conferred under 528 BNSS. The application under Section 528 BNSS lacks merit and thus, the same is liable to be dismissed. 7. In view of aforesaid, the instant application under Section 528 BNSS is dismissed. Order Date :- 27.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad