Anit Kumar Saini vs State Of U.P. And 2 Others
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Allahabad High Court

Anit Kumar Saini vs State Of U.P. And 2 Others on 23 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:93557
 
Court No. - 91
 

 
Case :- CRIMINAL REVISION No. - 882 of 2023
 

 
Revisionist :- Anit Kumar Saini
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Anoop Kumar Mishra,Istyak Khan,Ram Prakash
 
Counsel for Opposite Party :- G.A.,Sunil Kumar Srivastava
 

 
Hon'ble Prashant Kumar,J.
 

1. Heard Sri Anoop Kumar Mishra, learned counsel for the revisionist, Sri Sunil Kumar Srivastava, learned counsel for the opposite party no.2, Sri Shashi Dhar Pandey, learned A.G.A. for the State and perused the record.

2. This criminal revision has been filed seeking quashing the impugned judgment and order dated 22-12-2022 passed by learned Additional Principal Judge, Family Court, court no.1, Kanpur Nagar in case no. 645 of 2017 (Smt. Moni Saini and another vs. Anit Kumar Saini) arising out of proceedings under Section 125 Cr.P.C.

3. This is a matrimonial dispute. After matrimonial discord, the opposite party no.2 along with her minor son started living separately and filed an application under Section 125 Cr.P.C. for maintenance in which the court below vide order dated 22-12-2022 had passed the following order:-

"?????????? ?? ???? 125 ?????????? ?? ????????????? ??????? ???? ???? ??? ??????? ?? ????????? ???? ???? ?? ?? ?? ?????????? ??????-1 ?? ????????????? ????? ???? ?? ???? ?? ?????? ?? ???? ?? 3000/-??? ???????? ???-???? ?? ?????? ??? ?????? ?? ???? ?? 5000/-??0 ???????? ???-???? ?? ?????? ??? ???????? ??????-2 ?? ????????????? ????? ???? ?? ???? ?? 1500/- ??? ???????? ???-???? ?? ?????? ??? ?????? ?? ???? ?? 3000/-??? ???????? ???-???? ?? ?????? ???? ??????? ?? ???????? ??? ?? 10 ????? ?????????? ?? ??? ???? ?????????

???? ? ?????????? ?? ??? ???? ???? ????? ??? ?? ?? ????? ??? ???-???? ??????? ?? ??? ?? ?? ?? ?????? ???????? ?? ?????? ?????????? ?? ????????? ???? ???? ?? ?? ?? ???? ???? ?????? ?? ????? ?????? ???? ?????? ???????? ?? ???????? ??? 10 ??? ?? ????? ????? ???? ??????? ???-???? ?? ???? ?????? ??? ?? ?????????? ?? ???? ??? ??? ??? ?"

4. Sri S.K. Srivastava, learned counsel for the opposite party nos.2 and 3 submits that despite order being passed in December 2022 by the court below, the applicant has not paid even a single penny to the opposite party nos.2 and 3. Further submission is that in pursuance of the order dated 05-06-2023 passed by this Court, the applicant has not deposited Rs.15,000/- before the Mediation and Conciliation Centre, Allahabad High Court, therefore, the mediation could not proceed.

5. Heard counsel for the parties and perused the record.

6. This Court vide order dated 05-06-2023 had given an opportunity to the parties to settle their disputes by way of mediation but neither the applicant has deposited the requisite amount before the Mediation and Conciliation Centre, Allahabad High Court nor he has paid any single penny to the opposite party nos. 2 and 3. It seems that the applicant has filed the instant criminal revision with a sole intention not to pay the maintenance amount to the opposite parties nos.2 and 3.

7. In view of the aforesaid facts, the instant application is devoid of merits and is accordingly dismissed.

Order Date :- 23.5.2024

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