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Neutral Citation No. - 2025:AHC:130853 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17558 of 2025 Applicant :- Arvind Tyagi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhilesh Kumar Singh,Chandra Jeet Yeadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Akhilesh Kumar Singh, learned counsel for the applicant and Sri Pusp Raj Singh, brief holder for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 13.08.2024 passed by Principal Judge Family Court, Baghpat, in Execution of Maintenance Case No. 74 of 2020, arising out of an application under Section 128 of Cr.P.C. whereby recovery warrant has been issued.
Learned counsel for the applicant fairly wants liberty to file an application to adjust the maintenance which has been paid in another case of domestic violence to the opposite party no. 2. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file an appropriate application/ proceedings before the court of competent jurisdiction. Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof. In view of the above, the application is dismissed as not pressed with the aforesaid liberty.
Order Date :- 4.8.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad