Neutral Citation No. - 2025:AHC:113046 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.8) Court No. - 78 Case :- APPLICATION U/S 482 No. - 928 of 2025 Applicant :- Anas Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri J.B. Singh, learned counsel for the applicant and Sri Chandrabhan, learned counsel for the opposite party no.2 and Sri Satyendra Tiwari, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned orders dated 06.11.2024 and 08.04.2024 passed by the Additional Principal Judge, Family Court No.1, Meerut in Misc. Case No. 366 of 2024 (Anas vs. Smt Daraksha) and Misc. Case No. 248 of 2023 (Anas vs. Smt. Daraksha), under Section 126(2) Cr.P.C., P.S. Kotwali, District Meerut as well as the ex parte judgment and order dated 01.03.2023 passed by the Additional Principal Judge, Family Court No.1, Meerut in Case No. 1089 of 2019 (Smt. Daraksha vs. Anas), under Section 125 Cr.P.C. 3. Learned counsel for the applicant submits that the opposite party no.2 is the wife of the applicant. She had filed an application under Section 125 Cr.P.C. seeking maintenance from the applicant. Vide order dated 01.03.2023, the Additional Principal Judge, Family Court No.1, Meerut has awarded a sum of Rs. 5,000/- per month as maintenance to the opposite party no.2. On coming to the knowledge of the said order, the applicant approached the Additional Principal Judge, Family Court No.1, Meerut by filing an application under Section 126(2) Cr.P.C. on 27.06.2023. The said application was dismissed by the Family Court vide order dated 08.04.2024 as the same was barred by time, as the said application was not accompanied by an application under Section 5 of the Limitation Act. After dismissal of the application being barred by time, the applicant herein filed another application on 29.05.2024, which has also been dismissed by the impugned order dated 06.11.2024 being the second application for the same cause of action. The application under Section 125 Cr.P.C. was filed by the opposite party no.2 on 29.11.2019. Since then, not a single penny has been paid by the applicant to the opposite party no.2 till date. The notices were issued to the applicant in the said proceeding which were duly served to the applicant. Despite service of notice in the proceedings under Section 125 Cr.P.C., the applicant chose not to appear in the said proceeding and contest the same. 4. In view thereof, this Court does not find any illegality in the order dated 01.03.2023, which was passed ex parte against the applicant. Subsequent thereto, an application was filed by the applicant on 27.06.2023 seeking recall of the order dated 01.03.2023 without any application for condonation of delay in filing the said application. 5. Therefore, this Court do not find any illegality in the order date 08.04.2024, whereby application under Section 126(2) was dismissed being barred by limitation. Subsequent application for the same cause of action is not maintainable, therefore, there is no illegality in the order dated 06.11.2024. In view thereof, This Court does not find any good reason to entertain the instant application and the same is accordingly, dismissed. Order Date :- 14.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad