Neutral Citation No. - 2025:AHC:124573 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16736 of 2025 Applicant :- Brijesh Alias Tinku Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Sharma,Atul Sharma Counsel for Opposite Party :- Ayush Mishra,G.A.,Yogendra Misra Hon'ble Sanjay Kumar Pachori,J. Sri Atul Sharma, learned counsel for the applicant, Sri Yogendra Misra, learned counsel for the opposite party no. 2 and Sri Manoj Kumar Singh learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the orders dated 22.1.2024 and subsequent orders dated 25.4.2024, 21.5.2024, 21.6.2024, 8.7.2024 and 21.8.2024 passed by Principal Judge Family Court, Agra, in Execution (Maintenance) Case No. 2980 of 2023 (Brijesh @ Tinku s. State of U.P. and others), arising out of an application under Section 125(3) of Cr.P.C., whereby recovery warrant and arrest warrant have been issued against the applicant for recovery of arrears of maintenance. Learned counsel for the applicants submits that the impugned orders dated 22.1.2024 and subsequent orders dated 25.4.2024, 21.5.2024, 21.6.2024, 8.7.2024 and 21.8.2024, have been passed without considering the facts and circumstances and position of law as law laid down by the Supreme Court in Rajnesh Vs. Neha & Anr. (2021) 2 SCC 324, wherein it has been directed that the enforcement/execution of orders of maintenance, may be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the C.P.C., more particularly Sections 51, 55, 58, 60 read with Order XXI of C.P.C. It is further submitted that the impugned orders have been passed to enforce the recovery of arrears of maintenance by issuing non- bailable warrant against the applicant or attachment without following the procedure as provided in the Civil Procedure Code. The matter is related to settled position of law. In view of the above facts and circumstances, the application is allowed and the order dated 22.1.2024 and subsequent orders dated 25.4.2024, 21.5.2024, 21.6.2024, 8.7.2024 and 21.8.2024, are hereby quashed. It is made clear that the court concerned shall proceed to enforce or recover the arrears of maintenance amount as money decree of a civil court as per provisions of the Code of Civil Procedure. Order Date :- 28.7.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad