Court No. - 76
Case :- APPLICATION U/S 482 No. - 44565 of 2019 Applicant :- Dheerendra Choudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Mishra,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Ashok Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 22.10.2019 passed by the learned Principal Judge, Family Court, Bijnor in Criminal Misc. Case No. 342 of 2019 (Dheerendra Vs. Abharani) under Section 126(2) Cr.P.C., P.S. Kotwali Shahar, District Bijnor.
It has been submitted by the learned counsel for the applicant that opposite party no. 2 filed an application under Section 125 Cr.P.C. against the applicant on 09.08.2016 before the court of learned Principal Judge, Family Court, Bijnor. On 30.11.2017, the same was decided ex parte by directing the applicant to pay Rs.4,000/- per month to the opposite party no. 2. Since, the aforesaid order was an ex parte order, therefore, recall application was filed by the applicant which was registered as Misc. Case No. 768 of 2018. The learned Family Court has decided the same by the order dated 22.10.2019 allowing the recall application by imposing a cost of Rs.2,000/- per month to the opposite party no. 2 and has also imposed a condition that the applicant will pay 50 per cent of the amount granted in the ex parte order to the opposite party no. 2.
It has been submitted by the learned counsel for the applicant that the aforesaid order is illegal, arbitrary and the same cannot be sustained as on the one side Family Court allowed the recall application by imposing a cost of Rs.2,000/- and on the other side imposed a condition that the applicant will pay 50 per cent of the amount granted in the ex parte order, which cannot be done as per the averments of Section 126 (2) Cr.P.C.
In view of the facts and circumstances stated above, the order dated 22.10.2019 is set aside to the extent of the condition which has been imposed upon the applicant to pay 50 per cent of the amount pursuant to the ex parte order dated 30.11.2017. It is further directed that the concerned court below may decide the application under Section 125 Cr.P.C., in accordance with law, preferably, within a period of two months from the date of production of the certified copy of this order.
Accordingly, this application under Section 482 Cr.P.C. stands disposed of.
Order Date :- 17.12.2019 Priya