Neutral Citation No. - 2025:AHC:87485 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16948 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Shahwal Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application u/s 528 B.N.S.S. has been filed with the following prayer : "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this application and set aside the impugned R.W. dated 24.07.2024 a sum of Rs.1,75,000/- passed by Additional Principal Judge, Family Court, Court No.2, Bareilly in Criminal Misc. Case No. 1585 of 2019 (Asha v. Dharmendra Kumar), under Section 125(3) CrPC and direct the concerned Station House Officer, Police Station- Narkhi, District- Firozabad to recover the said amount from the applicant in Maintenance Case No.1245 of 2016 (Smt. Asha v. Dharmendra), under Section 125 CrPC." 3. It is submitted by learned counsel for the applicant that the opposite party no.2 was awarded maintenance by the Family Court by ex parte judgement dated 02.09.2019. The applicant has filed an application under Section 126(2) CrPC to recall the said ex parte judgement which was allowed by the Family Court vide order dated 27.09.2022 subject to costs of Rs.5,000/-. It was stated in recovery proceedings, the impugned recovery warrant has been issued by the Family Court. Learned counsel for the applicant submitted that after application under Section 126(2) CrPC was allowed subject to costs of Rs.5,000/- vide order dated 27.09.2022, applicant has given the amount of costs to his Advocate to deposit the same before the court but he did not deposit the amount and applicant was not aware about that fact. Referring to facts of the matter, it was submitted that the impugned order is liable to be quashed. 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. Perusal of record shows that opposite party no.2 was awarded maintenance by the Family Court by ex parte judgement dated 02.09.2019. It was submitted that the said ex parte judgement was recalled by the Family Court under Section 126(2) CrPC subject to costs of Rs.5,000/- but the costs have not been deposited. Thereafter, the opposite party no.2 has initiated recovery proceedings wherein recovery warrant dated 24.07.2024 has been issued against the applicant. No illegality or perversity could be pointed out regarding the said recovery warrant dated 24.07.2024. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice. The application under Section 528 B.N.S.S. is misconceived and thus, liable to be dismissed. 7. Accordingly, the application under Section 528 B.N.S.S. is hereby dismissed. Order Date :- 21.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad