Neutral Citation No. - 2025:AHC:82617 Court No. - 87 Case :- APPLICATION U/S 482 No. - 21856 of 2024 Applicant :- Smt Deepika Bajaj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Kulshrestha Counsel for Opposite Party :- G.A.,Ram Bahadur Singh,Ramesh Kumar Hon'ble Prashant Kumar,J. 1. Heard Shri Deepak Kumar Kulshrestha, learned counsel for the applicant and learned AGA for the State-opposite party and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed by the applicant seeking direction for setting aside the order dated 07.01.2022 passed by the Principal Judge, Family Court, Agra in Case No. 266 of 2017 (Deepika Bajaj vs. Jitendra Bajaj), filed under section 125 Cr.P.C. 3. Learned counsel for the applicant submits that applicant is legally wedded wife of opposite party no. 2 and due to matrimonial discord, she had filed an application on 30.04.2017 under Section 125 Cr.P.C. seeking maintenance from her husband. He further submits that the Family Court vide order dated 07.01.2022 rejected the application filed by the applicant under section 125 Cr.P.C. due to non appearance. He further submits that applicant challenged the validity of this rejection order and filed recall application but the same was also dismissed by the Family Court in a very cursory manner without considering the claim of the applicant. Aggrieved with the same applicant had preferred the instant application challenging the validity of the order impugned on the ground that due to serious ailment she could not appear before the family court and in support she has annexed the medical treatment report as Annexure no. 3 to the affidavit filed in support of the application. 4. Shri Ram Bahadur Singh, learned counsel for the opposite party no. 2 submits that against the impugned order, instant applicant is not maintainable, applicant can avail alternative remedy by way of filing criminal revision. 5. Heard rival submissions advanced on behalf of both the sides and perused the record. 6. A bare perusal of the order impugned and the documents filed along with the application shows that the Principal Judge Family Court committed error in law while rejecting the application filed by the applicant under section 125 Cr.P.C. in non presence and the order rejecting the recall application filed by the applicant seems to be very harsh, therefore the order impugned is liable to be quashed. 7. Accordingly, the application filed U/S 482 Cr.P.C. is allowed. 8. Order dated 07.01.2022 passed by the Principal Judge, Family Court, Agra in Case No. 266 of 2017 (Deepika Bajaj vs. Jitendra Bajaj) is hereby quashed. The matter is remitted back to the Principal Judge, Family Court, Agra with a direction to passing fresh order on application of applicant filed under section 125 Cr.P.C., after affording opportunity of hearing to both the parties, in accordance with law. Order Date :- 16.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad