Vibhor Jain vs State Of U.P. And Another
2019 Latest Caselaw 1605 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 10624 of 2019
 

 
Applicant :- Vibhor Jain
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Anurag Upadhyaya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Sri Ram N. Dwivedi, learned counsel filed Vakalatnama on behalf of O.P. No. 2, is taken on record.

Heard learned counsel for the applicant, learned counsel for the O.P. no. 2 as well as learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C. has been filed for quashing the impugned order dated 12.2.2019 passed by the learned A.C.J.M., Court No. 2, Ghaziabad as well as entire proceeding of Misc. Case No. 763 of 2018 (Smt. Nidhi Jain Vs. Vibhor Jain and others) under section 31 of Protection of women from Domestic Violence Act, 2005 pending in the court of A.C.J.M., Court No. 2, Ghaziabad arising out of complaint case no. 33 of 2017 (Smt. Nidhi Jain Vs. Vibhor Jain and others) under section 12 of Protection of Women from Domestic Violence Act, 2005.

The contention of learned counsel for the applicant is that the applicant and O.P. No. 2 are husband and wife. The O.P. No. 2 has filed a complaint Under Section 12 of Protection of Women from Domestic Violence Act, 2005. The same was decided ex-parte against the applicant vide order dated 19.4.2018. Against the order dated 19.4.2018 the applicant has preferred a time barred appeal before the District and Session Judge which is pending. During pendency of appeal of applicant the O.P. No. 2 has filed an application for recovery of amount Rs. 2,50,000/-. It has further been submitted that the applicant could not pay the total amount and he is ready to pay the amount in four equal instalments. Learned counsel for the O.P. No. 2 states that he has no objection, if the amount is paid in four equal instalments.

Accordingly, I do not find any ground to quash the impugned order dated 12.2.2019 passed by the learned A.C.J.M., Court No. 2, Ghaziabad as well as entire proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

However, the applicant is directed to pay the amount Rs. 2,50,000/- in four equal instalments to the O.P. No. 2. The two instalments will be paid in the month of April, 2019 and remaining two instalments will be paid in the month of May, 2019.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 26.3.2019

Masarrat