Neutral Citation No. - 2025:AHC:19496 Court No. - 73 Case :- APPLICATION U/S 482 No. - 22630 of 2024 Applicant :- Anupam Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avaneesh Kumar Upadhyay,Virat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. This application u/s 482 Cr.P.C. has been filed for quashing of entire proceedings of Case No. 572 of 2023 (Smt. Khushboo Vs. Anupam), under Section 125 Cr.P.C., P.S.- Raja Talab, District- Varanasi, pending in the court of Principal Judge, Family Court, Varanasi. 4. It has been submitted by learned counsel for the applicant that applicant is husband of opposite party no.2. Earlier, she has filed a case under Section 125 Cr.P.C. vide Case No.609 of 2020 for maintenance but that case was dismissed for want of prosecution by order dated 29.10.2021 passed by learned Principal Judge Family Court, Varanasi. It was submitted that parties have compromised the matter and opposite party no.2 has started residing with applicant but she has again filed the case under Section 125 Cr.P.C. for maintenance vide impugned proceedings, making similar allegations. It was submitted that the opposite party no.2 has not made any effort to recall the order dated 29.10.2021 by which the first case was dismissed and thus, this second case under Section 125 Cr.P.C. was not maintainable and therefore, impugned proceedings are liable o be quashed. 5. Learned A.G.A. has opposed the application and submitted that the first case filed by opposite party no.2 was dismissed by vide order dated 29.10.2021 and she was again harassed and thus she has filed the impugned case for maintenance. Further, applicant has opportunity to file his objections before the Family Court concerned but no such objections have been filed. 6. I have considered the rival submissions and perused the record. 7. Perusal of record shows that the opposite party no.2, who is wife of applicant, has filed Case No.609 of 2020 for maintenance, which was dismissed for want of prosecution vide order dated 29.10.2021. The impugned case under Section 125 Cr.P.C. has been filed in 2023. The applicant has opportunity to raise his objections before the Family Court concerned. 8. Considering facts of the matter, it is directed that in case applicant files his objections against maintainability of said case, within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with settled law. 9. The application u/s 482 Cr.P.C. is disposed of accordingly. Order Date :- 11.2.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad