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2025 DAILYLAW 57567 (ALL)

SUMIT KUMAR v. STATE OF U.P. AND ANOTHER

NA528/16861/2025 · 2025-05-19

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84808 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16861 of 2025 Applicant :- Sumit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Kumar Singh 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. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding of Case No. 444 / 11 of 2020 (Smt. Priti versus Sumit Kumar), under Section 125 Cr.P.C., Police Station Kotwali Nagar, District Muzaffarnagar along with impugned orders dated 03.12.2024, u/s 125 Cr.P.C, and order dated 03.03.2025, u/s 128 Cr.P.C. and order of N.B.W. dated 16.04.2025, passed by Principal Judge, Family Court, Muzaffarnagar, otherwise the applicant will suffer irreparable loss and injury." 3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to deposit the arrears of maintenance in reasonable installments. 4. In view of aforesaid, it is directed that in case applicant moves an application before the Family Court concerned within a period of two weeks from today, to pay / deposit the arrears of maintenance in installments, the same shall be considered and decided expeditiously in accordance with law by the Family Court concerned. 5. The application u/s 528 BNSS is disposed of with aforesaid observation. Order Date :- 20.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad