Allahabad High Court
Ashish Khanna vs State Of U.P. And Another on 8 July, 2019
Bench: Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 65
Case :- APPLICATION U/S 482 No. - 26022 of 2019
Applicant :- Ashish Khanna
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Rajesh Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary-affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri Rajesh Srivastava, learned counsel for the applicant and Sri A.D. Mishra, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 01.05.2019 passed by Additional Principal Judge, Family Court, Court No.4, Kanpur Nagar in Suit No. 547 of 2016 under Section 125 Cr.P.C., P.S., Barra, Kanpur Nagar.
Learned counsel for the applicant has argued that in the case contested by the O.P. No.2 which has been filed under Domestic Violence Act, she has been awarded Rs. 3,000/- as interim maintenance and the total amount which has been paid by the applicant is about Rs. 34,000/- although the due amount is Rs. 54,000/- He further argued in the proceeding under Section 125 Cr.P.C., by the impugned order, an amount of Rs. 3,000/- has been directed to be paid to the O.P. No.2 and Rs. 2,000/- to her son which comes to Rs. 5,000/- as a total. Learned counsel for the applicant stated that the applicant has been suffering from ailments and has little shop of tie-belt.
I have perused both the orders of court below which were passed in the case of D.V. Act as well as in proceedings under Section 125 Cr.P.C.
In order passed in D.V. Act, it has been written by the court below that the amount which has been awarded in any other case to the O.P. No.2 shall be adjusted with the present amount. If both the orders are taken into consideration, it emerges that Rs. 5,000/- is required to be paid by way of interim maintenance by the applicant to the O.P. No.2 and in the impugned order, it is written by the trial court that O.P. No.2 has not been made the payment as was directed by the court but the same has been rebutted by learned counsel for the applicant by filing the supplementary-affidavit and stated that the payments were made at various dates which comes approximately about Rs. 35,000/-.
After considering the above-mentioned facts, I see the amount of Rs. 5,000/- is not on the higher side as the same was directed to be paid for meeting out expenses of litigation as well as maintaining O.P. No.2 and her child, hence, this Application under Section 482 Cr.P.C. deserves to be dismissed and is, accordingly, dismissed.
Order Date :- 8.7.2019
A. Mandhani
