HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33422 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard Sri Asheesh Kumar Tiwari, learned counsel for the applicant and Sri P. P. Pandey, learned AGA for the State. 3. The present 528 BNSS application has been filed to quash the order dated 05.01.2026 and order dated 19.06.2026 passed by learned Additional Principal Judge, Family Court no.2, Muzaffar Nagar in Misc. case no. 902 of 2023 (Husn Jahan and others Vs. Mohd. Salim) under section 128 of Cr.P.C. Police Station-Chhapar District-Muzaffar Nagar, pending in the court of learned Additional Principal Judge, Family Court no.2, Muzaffar Nagar. 4. Earlier applicant challenge the order dated 16.06.2025 passed in proceeding U/s 125 Cr.P.C. and this Court vide order dated 29.07.20245 passed following order: "Sri Asheesh Kumar Tiwari, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of the B.N.S.S has been filed to quash the ex-parte order dated 13.09.2013 passed by Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar in Maintenance Case No. 166/11 of 2011 arising out of an application under Section 125 of Cr.P.C. as well as order dated 16.06.2025 passed by Additional Principal Judge, Family Court No. 2, Muzaffarnagar in Execution of Maintenance Case No. 902 of 2023, arising out of an application under Section 128 of Cr.P.C whereby recovery warrant has been issued to recover the arrears of maintenance. Versus Counsel for Applicant(s) : Asheesh Kumar Tiwari, Dewendra Singh Counsel for Opposite Party(s) : G.A. Mohd. Saleem .....Applicant(s) State Of U.P. And 6 Others .....Opposite Party(s) Learned counsel for the applicant does not want to press the relief to quash the ex-parte judgment order dated 13.09.2013. The aforesaid relief is dismissed as not pressed. Learned counsel for the applicant submits that the impugned order 16.06.2025 has been passed without considering the facts and circumstances and position of law as law laid down by the Supreme Court in Rajnesh Vs. Neha & Anr. (2021) 2 SCC 324, wherein it has been directed that the enforcement/ execution of orders of maintenance, may be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the C.P.C., more particularly Sections 51, 55, 58, 60 read with Order XXI of C.P.C. It is further submitted that the impugned order has been passed to enforce the recovery of arrears of maintenance by issuing recovery warrant against the applicant or attachment without following the procedure as provided in the Civil Procedure Code. The matter is related to settled position of law. In view of the above facts and circumstances, the application is partly allowed and the order dated 16.06.2025 is hereby quashed. It is made clear that the court concerned may proceed to enforce or recover the arrears of maintenance amount as money decree of a civil court as per provisions of the Code of Civil Procedure." 5. Applicant again filed application against the order passed for recovery proceeding U/s 125 Cr.P.C. Since, Court has already considered the submission raised in earlier petition filed by the applicant and disposed off the petition and now again applicant has filed the same for the same set of facts for proceeding U/s 125 Cr.P.C., no interference is warranted at this stage. 6. The present 528 BNSS application of applicant-Mohd. Saleem, is hereby dismissed with the aforesaid observation. September 8, 2026 Nitin Verma NA528 No. 33422 of 2026 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad