HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 27573 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, learned AGA for the State and perused the record. The present application under section 482 Cr.P.C. has been filed with a prayer to allow this application and set aside the cost of Rs. 40,000/- imposed by the trial court in the impugned order dated 21.06.2024 passed by the Additional Principal Judge, Family Court No.1, Varanasi in Case No. 1295 of 2021 (Vijay Nath Sharma vs. Panmati Devi) under section 125 Cr.P.C. while allowing the recall application. It has been submitted by learned counsel for the applicant that in a proceeding under Section 125 Cr.P.C., the Judicial Magistrate, First, Varanasi vide order dated 15.2.1984, had awarded the maintenance to the tune of Rs. 300/- per month from the date of filing of the application i.e. 11.11.1980. Subsequently, the opposite party no. 2 moved an application under Section 127 Cr.P.C. seeking enhancement of the maintenance and the Additional Family Court, Court No. 3, Varanasi vide order dated 29.11.2019, had enhanced the maintenance from Rs. 300/- per month to Rs. 3,000/- per month. It has further been submitted that at the time of allowing the application under Section 127 Cr.P.C. no summon or process was served upon the applicant and no opportunity of hearing was given. The application moved by the applicant seeking the opportunity of hearing, the delay condonation application was allowed subject to the condition of payment of Rs. 40,000/- cost which has been challenged before the Court. During the course of arguments, learned counsel for the applicant has agreed to pay the cost as directed by the order impugned dated 21.6.2024 passed by learned Additional Principal Judge, Family Court No. 1, Varanasi and has Versus Counsel for Applicant(s) : Anjani Kumar Counsel for Opposite Party(s) : G.A., Prashant Pandey Vijay Vishwakarma @ Vijay Nath Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) produced the Demand Draft bearing nos. 003729 dated 22.09.2025 and 003710 dated 22.09.2025 in favour of opposite party no. 2, Panmati. Let the two aforementioned Demand Drafts be deposited in the Family Court and the same be handed over to the opposite party No. 2 immediately within three weeks from the date of the order. The said amount shall be adjusted towards to the outstanding maintenance due to be paid to the opposite party no. 2, thereafter, a fresh opportunity of hearing be given to both the parties and a fresh order be passed expeditiously, preferably within a period of four weeks, from the date of production of a certified copy of this order, if there is no other legal impediment. With the aforesaid observation, the application 482 Cr.P.C. is allowed. September 25, 2025 Puspendra A482 No. 27573 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad