Dal Singh vs State Of U.P. And Another
2022 Latest Caselaw 18373 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 29874 of 2022
 

 
Applicant :- Dal Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ray Sahab Yadav,Jalaj Kumar Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

The present application under Section 482 Cr.P.C. has been filed for quashing the impugned judgment and order dated 24.8.2021 passed by Addl. Principal Judge, Family Court, Shahjahanpur in Case No. 236 of 2018, Nisha Devi Vs. Dal Singh, P.S. Sadar Bazar, District Shahjahanpur, under section 125Cr.P.C. whereby the learned court below has allowed application filed under section 20-Kha and directed the applicant to pay Rs. 1,500/- to the O.P. No. 2 per month from the date of application.

Learned counsel for the applicant submits that interim maintenance of Rs. 1500/- per month has been awarded from the date of application without considering the income of the applicant and thus the same are illegal and is liable to be quashed by this Court.

Learned A.G.A. for the State has opposed the prayer and states that that the applicant has neither paid any arrears of interim maintenance amount nor is paying the monthly maintenance amount, as has been ordered by the Court below.

Learned counsel for the applicant further submits that the applicant is ready to pay Rs.82,000/- towards the due/arrears of amount and he also agrees that the applicant is ready to pay monthly maintenance amount to O.P. No. 2 as awarded, provided some relaxation may be granted.

Considering the same, applicant is directed to deposit Rs. 82,500/- in three equal monthly installment. The first installment shall be paid on or before 20.12.2022. Apart from the aforesaid, the applicant shall also pay monthly maintenance as awarded by the Court below, starting from December, 2022.

The amount so deposited by the applicant shall be paid over to the opposite party no.2 after due verification.

In case, the applicant deposited the aforesaid amount within the aforesaid period, no coercive action shall be taken against him and the Court below is directed to consider and decide the Case No. 236 of 2018, Nisha Devi Vs. Dal Singh, P.S. Sadar Bazar, District Shahjahanpur, under section 125 Cr.P.C. as expeditiously as possible, in accordance with law after hearing the parties, in the light Judgement of Hon'ble Apex Court rendered in the matter of Rajnesh Vs. Neha and another reported in 2021 (2) SCC 324 preferably within a period of four months from the date of production of a certified copy of this order before it.

However, in case, the applicant fails to deposit the aforesaid amount within a month from today or fails to deposit monthly interim maintenance amount as stated above, the protection granted by this Court shall automatically stands vacated and the Court below will be at liberty to proceed against the applicant in accordance with law.

Office is directed to communicate the order passed by this Court to the concerned Court below forthwith.

With the aforesaid directions, the instant application stands disposed of.

Order Date :- 22.11.2022

RPD