HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34748 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Sri Mohd. Faiz, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned A.G.A. for the State are present. Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned. Learned counsel for the applicant is permitted to correct the same during the course of hearing. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to modify the order dated 17.04.2025 passed by Principal Judge, Family Court, Meerut in Restoration/Recall Application Case No. 66 of 2023 arising out of an application under Section 126(2) of Cr.P.C., whereby the Principal Judge, Family Court, Meerut allowed the application under Section 5 of Limitation Act and application under Section 126(2) of Cr.P.C. on payment of cost of Rs. 50,000/-. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and position of law. It is further submitted that the applicant has filed an application to set-aside the ex-parte judgment and order dated 25.02.2022 of maintenance case and restore on its original number under Section 126(2) of Cr.P.C. It is further submitted that the restoration application has been allowed on payment of Rs. 50,000/- as costs, is excessive which is in the category of abuse of the process of law. The main grievance of the learned counsel for the applicant is that excessive Versus Counsel for Applicant(s) : Mohd Faiz Counsel for Opposite Party(s) : G.A. Kapil Sharma .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) cost has been imposed. The matter is related to settled position of law. In view of the facts and circumstances of the case, the opportunity to file counter affidavit to the opposite party no. 2 is dispensed with. The applicant is directed to pay Rs. 10,000/- as costs to the opposite party no. 2 within three weeks from today. The impugned order dated 17.04.2025 is modified to the extent. The present application is accordingly decided. With the aforesaid direction, the present application is, accordingly, disposed off. September 11, 2025 Vinod/Ishan NA528 No. 34748 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad