Court No. - 72
Case :- APPLICATION U/S 482 No. - 36329 of 2019 Applicant :- Khalid Abbasi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prakhar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Prakhar Srivastava, learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 23.4.2016 passed in Complaint Case No. 1593 of 2015 (Hamdonsa @ Hameeda Vs. Khalid Abbasi), under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act).
The order impugned is at page 40, whereby the application under Section 12 of the Act was decided restraining the applicant-husband from evicting the opposite party no.2 from his house and also for granting maintenance to the extent of Rs. 5,000/- per month. The Criminal Appeal No. 64 of 2019 filed by the applicant challenging the order dated 8.5.2019, whereby the Magistrate passed separate order for paying the maintenance to the extent of Rs. 10,000/- per month.
The order impugned in the present application dated 23.4.2016 has not been challenged by the applicant in Criminal Appeal No. 64 of 2019 and after his appeal was allowed, the order dated 8.5.2019 was quashed then, the final order passed in a proceeding under Section 12 of the Act has been challenged without approaching the appellate authority under Section 29 of the Act.
I do not find any illegality or infirmity in the order impugned herein.
The application lacks merit and is, accordingly, rejected.
Order Date :- 30.9.2019 Noman