Court No. - 48
Case :- APPLICATION U/S 482 No. - 39358 of 2018 Applicant :- Amit Tyagi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 6.10.2018 passed by learned Judicial Magistrate Ist, Hapur in Case No. 1197 of 2017, Smt. Komal vs. Amit Tyagi, under Section 12 Protection of Women from Domestic Violence Act, 2005, P.S.- Pilkhua, District- Hapur.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
Learned counsel for the applicant has not been able to point out any such illegality or impropriety or incorrectness, much less than any abuse of court's process which may persuade this Court to interfere in the impugned order which reflects judicial application of mind. By the impugned order Rs. 1500/- has been fixed as a matter of interim maintenance under the proceedings of Domestic Violence Act which cannot be said to be either disproportionate or excessive in the present days of high price rise. Moreover, it is kept in perspective that the fixation of this meagre amount is just as a matter of interim maintenance and final adjudication upon the same is yet to come which may be given on the basis of evidence that may be produced during the course of proceedings.
The application lacks merit and stands dismissed.
Order Date :- 31.10.2018 Naresh