Court No. - 64
Case :- APPLICATION U/S 482 No. - 17432 of 2019 Applicant :- Arshad Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Shabana Nizam Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the impugned order dated 10.03.2017 passed by the Judicial Magistrate-I, Jaunpur, in Case No.2101 of 2016, Zubeda vs. Mohd. Arshad, under Section 12 of Protection of Women from Domestic Violence Act, Police Station Khetasarai, District Jaunpur whereby recovery warrant has been issued against the applicant.
Contention raised on behalf of the applicant is confined to the extent that in this case, the proceeding under Section 125 Cr.P.C. was also undertaken wherein Rs.4500/- in all towards maintenance was being given by the applicant to the wife - opposite party no.2 – and children - opposite party nos.2 to 7. In the wake of such payment, it would not be feasible that the applicant is required to pay amount of maintenance under the provisions of Protection of Women from Domestic Violence Act and the court below was not apprised of that situation still it issued recovery warrant.
Per contra, learned A.G.A. has supported the proceeding and has submitted that if the applicant has got any grievance, he can put the same before the court below which shall be redressed by the court below by passing the appropriate orders.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, it is directed that the applicant may approach the court below bringing to its notice the fact of maintenance allowance being given by him to his wife and children in the proceeding under Section 125 Cr.P.C. for which the applicant is given two weeks' time.
In case any such application is moved by the applicant within aforesaid period before the court below, it shall look into and pass appropriate orders in accordance with law.
For a period of two weeks from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.4.2019 rkg