Neutral Citation No. - 2025:AHC:56166 Court No. - 71 Case :- APPLICATION U/S 482 No. - 21256 of 2024 Applicant :- Hari Om Gupta Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Anirudh Kumar Upadhyay Counsel for Opposite Party :- G.A.,Ravindra Prakash Srivastava Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned AGA for the State. 2. This application under Section 482 CrPC has been preferred by the applicant 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 order dated 04.05.2024 passed by Principal Judge, Family Court, Sant Kabir Nagar in Misc Case No.95/11/2024, under Section 126(2) CrPC (Hariom Gupta v. Smt. Asha Gupta and another), order dated 01.03.2024 passed by Principal Judge, Family Court, Sant Kabir Nagar in Misc Case No. 18/11/2023, under Section 125(3) CrPC (Smt. Asha Gupta and another v. Hari Om Gupta) and order dated 09.11.2023 in Esra Misc. Case No.18/11/2023 under Section 125(3) CrPC, pending before Principal Judge, Family Court, Sant Kabir Nagar." 3. Learned counsel for the applicant submitted that the opposite party no.2 has filed the aforesaid case under Section 125 CrPC by showing false address of applicant and that the Family Court has proceeded ex-parte against the applicant. The Family Court had passed ex parte judgement dated 12.12.2018, awarding maintenance to the opposite party Nos.2 and 3. The applicant has filed an application to recall the said ex-parte judgement dated 12.12.2018 but the same has been rejected by the Family Court without considering facts and position of law vide impugned order dated 04.05.2024. Learned counsel has referred facts of the matter and submitted that the impugned order dated 04.05.2024 is against the law and thus, liable to be set aside. 4. Learned counsel for the opposite party no.2 has opposed the application and submitted that in case under Section 125 CrPC the applicant has received notice issued by the Court and in misc. case the applicant has appeared through counsel before the Family Court on 26.06.2019 and he has also paid some amount of maintenance. The application u/s 126(2) CrPC was filed by the applicant on 15.03.2024 and there was no explanation for delay in filing the said application. 5. I have considered the rival submissions and perused the record. 6. On perusal of record, it appears that after ex parte judgement dated 12.12.2018, the opposite party No.2 has filed Misc. Case No.30/11/2019 for recovery of arrears of maintenance. In that misc. case, the applicant has appeared before the Family Court through counsel on 26.06.2019 and thus, it is apparent that he has sufficient knowledge of the ex parte judgement dated 12.12.2018 since 26.06.2019. In fact, in said misc. case the applicant has paid some amount of maintenance. The application under Section 126(2) CrPC to recall the said ex parte judgement dated 12.12.2018 was filed on 15.03.2024. Thus, it is apparent that there is long and undue delay in filing the said application and no sufficient explanation for the same has been shown. There is gross negligence and latches on the part of the applicant in moving the application under Section 126(2) CrPC. 7. In view of these facts and circumstances, it cannot be said that order dated 04.05.2024 is suffering from any patent illegality or there has been any abuse of process of court or miscarriage of justice, so as to require any interference of this Court by invoking powers under Section 482 CrPC. Hence, the prayer for quashing of impugned order dated 04.05.2024 is hereby refused. 8. So far as the impugned orders dated 01.03.2024 and 09.11.2023 are concerned, it appears that the main grievance of applicant is that the arrears of maintenance have not been calculated properly. It was submitted that by order dated 11.10.2022, the execution case was disposed of in full satisfaction but the opposite party has again initiated recovery proceedings and by order dated 09.11.2023 the Family court has observed that there were arrears to the tune of Rs.4,55,000/-. 9. In view of the aforesaid facts, it is directed that in case, applicant moves an application before the Family Court concerned regarding quantum of arrears of maintenance raising his grievance, the same shall be considered and decided by the Family Court concerned expeditiously, in accordance with law. 10. With the aforesaid observations, this application u/s 482 CrPC is disposed of finally. Order Date :- 16.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad