Allahabad High Court
Arvind Kumar vs State Of U.P. And Another on 7 April, 2022
Bench: Mohd. Aslam
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 88
Case :- APPLICATION U/S 482 No. - 23388 of 2021
Applicant :- Arvind Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Arun Kumar Rana
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been moved for quashing the order dated 24.2.2021 passed by learned Principal Judge, Family Court, Fatehpur in Case No.362 of 2018 (Reeta Devi Vs. Arvind Kumar) and also the order dated 26.8.2021 as well as order dated 7.10.2021 passed by learned Principal Judge, Family Court, Fatehpur in Case No.190 of 2021 (Reeta Devi Vs. Arvind Kumar) to recover the amount of Rs.294000/- and Rs.315000/- passed in proceedings under Section 128 of Cr.P.C. as well as recovery citation dated 29.9.2021 for an amount of Rs.294000/- in pursuance of above stated order dated 26.8.2021.
It is submitted by learned counsel for applicant that the Case No.362 of 2018 (Reeta Devi Vs. Arvind Kumar) was filed in the court of Principal Judge, Family Court, Fatehpur under Section 125 Cr.P.C., which was decided ex-parte and the applicant was directed to pay Rs.7000/- per month to the opposite party no.2 towards maintenance. It is further submitted that when applicant came to know about the ex-parte judgment, he moved an application under Section 126(2) Cr.P.C. for setting aside the ex-parte judgment before lower court, which is still pending and meanwhile, the recovery of the maintenance amount was initiated and recovery warrant has been issued. It is further submitted that learned court below has wrongly passed the order of maintenance from the date of application, which is liable to be quashed.
Learned A.G.A. for the State has opposed the application.
I have gone through the file. From perusal of file, it is clear that applicant has moved application under Section 126(2) of Cr.P.C. for recall of ex-parte judgment passed in Case No.362 of 2018 (Reeta Devi Vs. Arvind Kumar), under Section 125 Cr.P.C., which is still pending. The application under Section 126(2) Cr.P.C. is not being pressed by the applicant and the applicant has come before this Court in proceeding under Section 482 Cr.P.C. for quashing the above mentioned orders while alternative remedy is available to him before lower court, therefore, the instant application has been filed in abuse of process of law to short cut the procedure of lower court.
The instant application under Section 482 Cr.P.C. is devoid of merits and the relief for quashing the aforesaid orders is refused. However, learned court below is directed to decide the application under Section 126(2) of Cr.P.C. within three months from today.
With the above observations, the instant application is, accordingly, disposed of.
Order Date :- 7.4.2022
Anil K. Sharma
