HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 23973 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present matter has been listed peremptorily but no one has put in appearance on behalf of the Respondent No. 2 despite the service of notice on the Respondent No. 2 on 16.3.2025. The present application under Section 482 Cr.P.C. has been filed to quash/stay the impugned order dated 15.4.2024 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar in Criminal Misc. Case No. 717 of 2023 (Arvind Kumar vs. Smt. Radha Shakya & others) under section 126(2) Cr.P.C. at Police Station Naubasta, District Kanpur Nagar. It has been submitted by learned counsel for the applicant that the applicant is aggrieved by order dated 15.4.2024 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar wherein the application moved by the applicant under Section 126(2) Cr.P.C. has been rejected in an arbitrary manner on the ground that the order dated 17.1.2024 passed in Misc. Case No. 396 of 2016 has not been complied with. Learned counsel for the applicant submits that the order of maintenance dated 22.6.2019 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar is an ex parte order and was not passed in the presence of the applicant. Despite this fact, the applicant is regularly Versus Counsel for Applicant(s) : Pawan Singh Pundir, Shailendra Kumar Sharma Counsel for Opposite Party(s) : G.A. Arvind Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) paying the maintenance as is evident from the Annexure No. 2 of supplementary affidavit dated 09.2.2025 which indicates that the amount of Rs. 10,000/- as maintenance and Rs. 10,000/- as arrears of maintenance is being deducted regularly from his account. Despite this deduction from his account, the order impugned has been passed which is an abuse of the process of the Court. Considering the fact that the applicant is regularly paying the maintenance awarded by the Family Court, accordingly, in the interest of justice, order dated 15.04.2024 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar is hereby quashed and the matter is remitted back to the Court concerned to give a fresh opportunity of hearing to both the parties and pass a fresh order in accordance with law. With the aforesaid direction, the application 482 Cr.P.C. is allowed. September 18, 2025 Puspendra A482 No. 23973 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad