Chatar Singh vs State Of U.P. And Another
2021 Latest Caselaw 9638 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 4758 of 2021
 

 
Petitioner :- Chatar Singh
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Nigamendra Shukla
 
Counsel for Respondent :- G.A.,Parvesh Kumar Pandey
 

 
Hon'ble Umesh Kumar,J.

Heard Sri Nigamendra Shukla,learned counsel for the petitioner, Sri Parvesh Kumar Pandey, learned counsel for the respondent no.2 and learned A.G.A. appearing for the State.

The instant writ petition under Article 226 of the Constitution of India has been filed with the prayer to issue a writ of certiorari quashing order dated 23.11.20217 passed by Additional Chief Judicial Magistrate, Sikohabad, Firozabad in Case No.1357 of 2016 and order dated 20.02.2021 passed by Additional District and Sessions Judge, Court No.7, Firozabad in Criminal Appeal No.63 of 2017 (Smt. Geeta Versus Chatar Singh).

It is contended by learned counsel for the petitioner that petitioner is paying maintenance allowance to the revisionist under Section 125 Cr.P.C. to the tune of Rs.2,000/- per month, besides complying with above orders passed under Protection of Women from Domestic Violence Act, 2005 and view of provisions of Section 12(2) of the Act the amount of maintenance allowance granted under Section 125 Cr.P.C. shall be set off against the amount payable under provisions of Protection of Women from Domestic Violence Act, 2005. Section 12(2) of the Act reads as under:-

"Section 12 (2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off."

The argument of the petitioner bears force. The maintenance allowance awarded to opposite party no.2 under Section 125 Cr.P.C. proceeding by the trial court is Rs.2,000/- per month whereas maintenance allowance awarded to her under provisions of Protection of Women from Domestic Violence Act, 2005 is Rs.5,000/- per month.

Considering all aspects of the matter, the judgment and order dated 20.02.2021 passed by learned Additional District and Sessions Judge, Court No.7, Firozabad in Criminal Appeal No.63 of 2017 (Smt. Geeta Versus Chatar Singh) is set aside and the order dated 23.11.20217 passed by Additional Chief Judicial Magistrate, Sikohabad, Firozabad is confirmed and modified to the effect that the maintenance allowance of Rs.2,000/- per month awarded in the proceeding under Section 125 Cr.P.C. vide order dated 17.04.2018 passed by Principal Judge, Family Court, Firozabad shall be adjusted/included in maintenance allowance awarded to the opposite party no.2 under provisions of Protection of Women from Domestic Violence Act, 2005 which is to the tune of Rs.5,000/- per month.

In the light of aforesaid, this criminal writ petition is disposed of finally.

Order Date :- 5.8.2021

MN/-