NA528/18891/2026 of SATENDRA SINGH Vs STATE OF U.P. AND 2 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18891 of 2026 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section 528 BNSS has been filed by the applicant (husband) against for quashing of entire proceeding of recovery suit being Case No. 98 of 2025 (Smt. Madhu Vs. Satendra Singh), under Section 147 BNSS, Police Station Nidhauli Kalan, District Etah. 3. Learned counsel for the applicant submits that monthly maintenance of Rs. 5,000/- per month has been awarded exparte from the date of application in favour of the opposite party No. 2 (wife), and her minor child, without considering the income of the applicant. Learned counsel for the applicant further submits that the opposite party no.2 has deserted the applicant and that the applicant tried his level best to bring her back but all in vain. He further submits that the opposite party No. 2 instead of living with the applicant, had filed an application under Section 125 Cr.P.C. which has been allowed by the learned Family Court vide exparte vide judgment and order dated 16.01.2025, by which the applicant was directed to pay exorbitant amount of maintenance to the private opposite parties without considering the income of the applicant. He further submits that since the proceedings were initiated exparte against the applicant, thus the applicant was not aware of the same, therefore, the proceedings under Section 147 BNSS initiated against the applicant is liable to be quashed. 4. Learned A.G.A. for the State has opposed the prayer and has argued that the learned Family Court had issued notice to the applicant, inspite of the same, he did not appear due to which, the Family Court was left with no option but to proceed exparte against the applicant. With the passage of time when the applicant has not maid any monthly maintenance amount to the opposite party No. 2, she has initiated the present Versus Counsel for Applicant(s) : Jitendra Kumar Kushwaha, Niwas Kumar Gupta, Sanjai Singh Yadav Counsel for Opposite Party(s) : G.A. Satendra Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) proceeding under Section 147 BNSS for recovery of due arrears of amount, which proceeding needs no interference by this Court. 5. Learned counsel for the applicant further submits that the applicant is ready to pay two lakh rupees out of the due amount towards arrears of maintenance as has been awarded by the learned Family Court and he also agrees to pay monthly maintenance amount to opposite party No. 2 as awarded, provided some indulgence may be granted and the matter may be remitted to the concerned Family Court to consider and decide the application under Section 125 Cr.P.C. afresh. He further submits that the applicant undertakes that he will appear on and each and every date before the court concerned and shall cooperate in the conclusion of the proceedings. 6. Considering the submissions advanced by learned counsel for the parties as well as the fact that the impugned order has been passed without participation of the applicant in the proceedings of Section 125 Cr.P.C. and the recovery proceeding has also been initiated against him, this Court is of the view, that in interest of justice, one last opportunity may be granted to applicant to participate in the proceedings. Accordingly, present application under Section 528 BNSS is disposed of in the following terms. (A) Subject to applicant depositing entire due amount towards the arrears of maintenance as on date in four equal installments, of which the first installment shall be paid on or before 07.06.2026, the second installment shall be paid on or before  07.07.2026, the third installment shall be paid on or before 07.08.2026 and the last installment shall be paid on or before 07.09.2026, respectively, and continuing to pay monthly maintenance as awarded by the Court below by 15th day of each calendar month starting from May, 2026, the impugned exparte judgement and order dated 02.06.2023 as well as subsequent proceedings under Section 147 BNSS shall stand set aside. (B) After deposit of the first installment, the concerned Family Court shall proceed to consider and decide the matter afresh in accordance with law as expeditiously as possible preferably within a period of three months, if possible, on day today basis, in view of the settled law as laid down by Hon'ble Apex Court in the matter of Rajnesh Vs. Neha and another reported in 2021 (2) SCC 324. (C) The amount so deposited by the applicant shall be paid over to the opposite party no.2 after due verification by the concerned Court. (D) In case, the applicant deposits the aforesaid amount within the aforesaid period, no coercive action shall be taken against him. (E) It goes without saying that in case the applicant fails to deposit the NA528 No. 18891 of 2026 2 aforesaid amount within the time specified as above or fails to comply with any part of this order or fails to appear before the court concerned on the date fixed, except with prior permission of the Court, the protection granted by this Court shall automatically stand vacated and the court concerned will be at liberty to proceed against him in accordance with law. 7. The Registrar (Compliance) is directed to communicate the order passed by this Court to the concerned Family Court. May 7, 2026 Mustaqeem. NA528 No. 18891 of 2026 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad