HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5324 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow this revision and set aside the impugned order dated 22.07.2025 passed by the learned Principal Judge, Family Court, Mirzapur in Case No.39 of 2025 (Arman Shah vs. Nasreen Bano) under Section 126(2) Cr.P.C. as well as ex-parte order dated 13.12.2022 passed by the learned Principal Judge, Family Court, Mirzapur in Case No.06 of 2021 (Nasreen vs. Arman Shah) under Section 125 Cr.P.C., Police Station Adalhat, District Mirzapur and also prays to stay the effect and operation of the order dated 22.07.2025 & 13.12.2022. It is submitted by learned counsel for the revisionist that in this case an ex- parte order u/s 125 Cr.P.C. was passed against the revisionist in favour of opposite party no.2/wife and amount of maintenance Rs.3000/- per month was fixed from the date of application. He could not make payment of amount of maintenance that was the reason R.W. was issued for realization of Rs.78,000/-. Thereafter, he moved an application u/s 126(2) Cr.P.C. before the learned trial court but without setting aside the order passed ex- parte the learned trial court directed to make deposit of Rs.78,000/- first and then to hear on the maintainability of the application. The order passed by learned trial court is illegal and unlawful, therefore, request to set aside and also request to send the case for mediation between the parties at District level. Learned A.G.A. has no objection in this regard. Versus Counsel for Revisionist(s) : Akhilesh Kumar, Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Arman Shah .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by the learned trial court dated 22.07.2025, it appears that the order for maintenance was passed in the year 2022 and application was filed on 05.01.2021. The amount of maintenance at the rate of Rs.3000/- per month from the date of application was to be paid by the revisionist that was about Rs.78,000/- for the realization of which application was moved by the wife. Thereafter, the revisionist moved an application u/s 126(2) Cr.P.C. before the learned trial court by which he was directed to make payment of entire amount as aforesaid and then to entertain the application for recall u/s 126(2) Cr.P.C. In considered opinion of this Court, since the revisionist is ready to make payment of Rs.35,000/- instantly before the learned trial court in favour of opposite party no.2/wife, therefore, learned trial court is directed to entertain the application u/s 126(2) Cr.P.C. on deposit of Rs.35,000/- on the part of the revisionist on the place of Rs.78,000/- within a period of 30 days and to pass appropriate order on application u/s 126(2) Cr.P.C. Accordingly, this criminal revision is disposed of. September 24, 2025 Ashok Gupta CRLR No. 5324 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad