Neutral Citation No. - 2025:AHC:87319 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17299 of 2025 Applicant :- Mr Sharif Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings of case no. 935 of 2023, under Section 128 Cr.P.C., Police Station Kotwali, District Jhansi, pending in the court of Principal Judge, Family Court, Jhansi. 3. It has been argued by the learned counsel for the applicant that the impugned proceedings are against law and thus, liable to be quashed. It was stated that the opposite party No. 2 was awarded maintenance vide order dated 06.03.1995 and the said order was stayed by this Court in criminal revision no. 634 of 1995 but later the counsel for applicant has passed away and no notice was served upon the applicant to engage another counsel and ultimately that revision was dismissed. When applicant came to know about that order, he has filed a recall application, which is still pending. The recovery proceedings initiated in case no. 53 of 1993, under Section 128 Cr.P.C. were stayed by this Court vide order 23.11.2015. Meanwhile opposite party No. 2 has filed an application under Section 127 Cr.P.C. and amount of maintenance was enhanced from Rs. 3,500/- to Rs. 20,000/- vide order dated 22.02.2023 and against that order applicant has filed an application under Section 127(1) Cr.P.C. before the Family court concerned, which is still pending. Meanwhile opposite party No. 2 has initiated fresh proceedings under Section 128 Cr.P.C. vide case no. 935 of 2023. Learned counsel has referred the facts of the matter and submitted that the impugned proceedings are against law and thus, liable to be quashed. It was further submitted that the applicant has already filed objections against the maintainability of the impugned proceedings under Section 128 Cr.P.C. but the same have not been decided by the Family court concerned so far and meanwhile recovery warrants have been issued against the applicant. 4. Learned A.G.A. has opposed the application. 5. In view of aforesaid, the Family court concerned is directed to consider and decide the objections, filed by the applicant in the aforesaid proceedings under Section 128 Cr.P.C., expeditiously preferably within a period of two months from today in accordance with law. For a period of two months from today or till the objections are decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid recovery proceedings. 6. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 22.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad