Vijay Kumar v. State of U.P & Anr.

Applicant :- Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Srivastava, Ritvik Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Ashutosh Srivastava, learned counsel for the applicant and Shri Rahul Pandey, learned brief holder for the State are present. None appears for the opposite party No. 2 despite service of notice. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with a prayer to issue a direction to the Principal Judge, Family Court, Azamgarh to quash the entire proceedings of case No. 27 of 2015, arising out of an application under Section 125, Cr.P.C. Learned counsel for the applicant submits that both the parties settled their matrimonial dispute with regard to maintenance before the Family Judge, which is pending till today. It is further submitted that in pursuance of compromise, Rs. 6,00,000/- as maintenance has been paid by the applicant to the Private-Opposite Party No. 2 on 18.2.2015. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the documents to the learned counsel for the applicant, after retaining a xerox of the same. Order Date :- 24.7.2025 T. Sinha TRIPTI SINHA High Court of Judicature at Allahabad