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Allahabad High Court

GANESH MADHESIYAversusSTATE OF U.P. AND 2 OTHERS

Decided

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

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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