Kapil Kumar Shukla vs State Of U.P. And 3 Others
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Allahabad High Court

Kapil Kumar Shukla vs State Of U.P. And 3 Others on 4 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:95098
 
Court No. - 53
 

 
Case :- APPLICATION U/S 529 BNSS No. - 1809 of 2025
 

 
Applicant :- Kapil Kumar Shukla
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Shree Prakash Upadhyay
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Nalin Kumar Srivastava,J.
 

1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide criminal case No. F-511/2024 under Section 126 CrPC arising out of Criminal Case No. 145 of 2022 under Section 125 CrPC, pending in the Court of Principal Judge, Family Court, Bhadohi at Gyanpur, expeditiously within the stipulated period.

2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.

3. It is submitted by the learned counsel for the applicant that the applicant is the husband of opposite party no.2. Due to some dispute, the opposite party no.2/ wife left her matrimonial house and an application under Section 125 CrPC was moved by her to get the maintenance from the applicant. When the applicant did not participate in the said proceeding, the Court concerned proceeded to hear the matter ex-parte and an ex-parte judgment was passed against the applicant / husband under Section 125 CrPC and he was directed to pay Rs. 6,000/- per month as maintenance allowance to the opposite party no.2/wife and Rs. 3000/- each to his minor children/ opposite party nos. 3 and 4. It is also submitted that an application for execution of the same was moved by the opposite party no.2/ wife but he has also moved the aforesaid application under Section 126 CrPC which is pending for disposal. It is also submitted that the Court concerned is not interested to decide the said application whereas recovery warrant has been issued against him in the execution proceeding.

4. I have considered the submissions and perused the entire record.

5. It reveals from the perusal of the record that the aforesaid application under Section 126 CrPC is pending for disposal. In the circumstances, the Court concerned is directed to dispose of the aforesaid application in accordance with law after giving proper notice to the opposite party no.2/ wife as early as possible and thereafter shall make all endeavours for the expeditious disposal of the case taking into consideration of the fact that no maintenance allowance has been paid by the applicant to the opposite party nos.2 to 4 and execution proceeding is also pending against the applicant / husband, if there is no legal impediment.

6. With the above observations, the application stands disposed of.

Order Date :- 4.6.2025

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