Allahabad High Court
Krishna Kumar @ Krishna Kumar Baaz vs State Of U.P.And 2 Others on 8 July, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- APPLICATION U/S 482 No. - 25097 of 2019
Applicant :- Krishna Kumar @ Krishna Kumar Baaz
Opposite Party :- State Of U.P.And 2 Others
Counsel for Applicant :- Balbeer Singh
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Balbeer Singh, learned counsel for the applicant, Sri A.D. Misra, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to stay the effect, operation and consequences of the impugned order dated 3.1.2019 passed by the Principal Judge, Family Court, Agra in Misc. Case No. 8 of 2012 (Smt. Mamta Vs. Krishna Kumar), P.S. Jagner, Agra and its consequential proceeding by which the recovery warrant vide order dated 23.1.2019 issued by Principal Judge, Family Court, Agra in Misc. Case No. 8 of 2012 (Smt. Mamta Vs. Krishna Kumar), P.S. Jagner, District Agra and also a prayer is made to stay the proceedings in this case till the disposal of this application.
It is argued by learned counsel for the applicant that in a petition under Section 13 of the Hindu Marriage Act vide order dated 30.8.2014, the opposite party no.2 with her son opposite party no.3 were awarded interim maintenance @ 3,000/- and 1,000/- respectively. He has further argued that in proceedings under Section 125 Cr.P.C., the Trial Court has awarded interim maintenance @ Rs.3,000/- and @ Rs.2,000/- to opposite party no.2 and 3 respectively vide dated dated 11.4.2014 and in view of the stipulation made in order dated 3.8.2014, the amount which was fixed as interim maintenance in proceedings under Section 125 Cr.P.C. prevailed and now the applicant was required to pay the opposite party no. 2 and 3 an amount of Rs. 5,000/- by way of interim maintenance. It is further argued that the Trial Court has issued two orders dated 3.1.2019 and 23.1.2019 issuing realization warrant against the accused applicant on an amount of Rs.1,50,000 which is found to have been fallen due for the period of 11.4.2014 to 11.1.2019. He has disputed the said amount and stating that for the said period, amount of maintenance would stand Rs.1,30,000/-. He has further argued that he may be permitted to pay the said amount in two instalments. It is further argued that the applicant is clerk in the Archeological Department posted in Rajasthan.
Keeping in view, the prayer made by learned counsel for the applicant, I direct that the accused applicant shall pay an amount of Rs.1,30,000/- in two instalments within two months. The first instalment shall be paid on 15.7.2019 and the next instalment shall be paid on 15.8.2019. The rest of the amount i.e. Rs. 20,000/- shall remain stayed.
In case, he pays the said amount as directed by this Court Court no coercive action shall be taken against the applicant by the next date fixed. In case of default, the said shall stand automatically vacated.
Issue notice to the opposite party party no.2 returnable within four weeks.
List this case on 27.8.2019.
Order Date :- 8.7.2019/Neeraj
