Allahabad High Court
GANESH MADHESIYAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DEEPAK VERMA
Holding
The court refused to quash the recovery warrant and conditioned a stay of execution on the applicant depositing the stipulated maintenance amount within a week.
Summary
The applicant, Ganesh Madhesiya, filed an application under Section 528 of the B.N.S.S. Act seeking to quash a recovery warrant dated 27‑07‑2026 issued by the Principal Judge of the Family Court, Deoria, in execution case No.1163/2025 (Pooja Devi v. Ganesh). The applicant claimed innocence, alleging that the complaint was false, baseless and filed with malicious intent, and asserted willingness to pay the stated maintenance amount of Rs.95,000. The court examined the pleadings and, considering the circumstances, declined to quash the warrant. Instead, it ordered that the applicant deposit Rs.95,000 within one week via bank draft in favour of the second opposite party, after which the Family Court Judge would accept the draft and stay the execution proceedings. If the amount is not deposited within the stipulated period, the court directed that the execution proceedings may continue as per law. The application was thus disposed with a conditional stay pending payment.
Issues considered
- Whether the recovery warrant issued under Section 144(3) of the B.N.S.S. Act can be quashed under Section 528 of the same Act.
- Whether the applicant is liable to pay the maintenance amount of Rs.95,000 and whether payment can stay the execution proceedings.
Legislation cited
- B.N.S.S. — s. 144(3), 528
Subjects
- maintenance
- recovery warrant
- Section 528
- Section 144(3)
- Family Court
- execution proceedings
- quash application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37634 of 2026
Ganesh Madhesiya
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sarvanand Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant; learned A.G.A. for the
State and perused the record.
2. The present 528 B.N.S.S. application has been filed to quash
the order dated 27.07.2026 issuing recovery warrant passed by
Principal Judge, Family Court, Deoria in Execution Case
No.1163/2025 (Pooja Devi Vs. Ganesh) under Section 144(3)
B.N.S.S., 2023, P.S. Rampur-Karkhana, District Deoria.
3. Counsel for the applicant submits that applicant is innocent and
has been falsely implicated in the present case. Instant complaint
is false, baseless and has been lodged with malicious intention
only to harass the applicant. It is next submitted that in
paragraph-16, it has been stated that total outstanding
maintenance amount against the applicant is Rs.95,000/- and the
applicant is ready to pay Rs.95,000/-.
4. Considering the facts and circumstances of the case, the
application is disposed of with direction that if the applicant
deposits Rs.95,000/- within a week, through bank drafts issued
in favour of the opposite party no. 2, the learned Principal Judge,
Family Court, Deoria shall accept the draft and the same will
be handed over to the opposite party no.2, the execution
proceedings for recovery of the amount shall remain stayed.
NA528 No. 37634 of 2026
2
5. In case the applicant does not deposit the amount within the
aforesaid period, the court concerned may proceed in
accordance with law.
(Deepak Verma,J.)
September 9, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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