Manni Lal vs State Of U.P. And Another
2023 Latest Caselaw 23971 ALL

Citation : 2023 Latest Caselaw 23971 ALL
Judgement Date : 29 August, 2023

Allahabad High Court

Manni Lal vs State Of U.P. And Another on 29 August, 2023

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174017
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 31946 of 2023
 

 
Applicant :- Manni Lal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit Kumar Rajput,Sandeep Kumar Jaiswal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the order dated 20.06.2023 passed in Criminal Case No.571 of 2022, under Section 125(2) Cr.P.C., P.S. Sarai Aqil, District Kaushambi, passed by Principal Judge, Family Court, Kaushambi.

3. Counsel for the applicants submits that instant petition is against the interim maintenance order dated 20.06.2023. Applicant has filed objection against the proceedings filed under Section 125(2) Cr.P.C. but the objection has not been considered by Principal Judge, Family Court, Kaushambi. There is chances to settle the matter between the parties if the matter is being referred to Mediation Centre.

4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel.

5. Considered the averment made by applicant's counsel perused the record, it is evident that the matter is sub judice and final judgment is yet to come in the proceedings under Section 125 Cr.P.C. Order challenged herein is for interim maintenance which has been passed in favour of the applicant after considering hardship in maintaining herself.

6. It is hereby directed that the Principal Judge, Family Court shall consider the objection raised by applicant before deciding the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. Both the parties can mediate the matter if they would be interested for that and they can easily contact each other for mediation.

7. Prayer of the applicant, that both the parties may enter into compromise if the matter referred to mediation center, is hereby refused. No interference is warranted, at this stage.

8. The present 482 application is dismissed with the aforesaid observation.

Order Date :- 29.8.2023

Nitin Verma