Court No. - 49
Case :- APPLICATION U/S 482 No. - 20025 of 2018 Applicant :- Mahendra Singh Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 23.02.2018 (recovery warrant) and order dated 13.06.2014 passed by the Principal Judge, Family Court, Jalaun at Orai in Criminal Case No. 314 of 2017 (Smt. Reena Vs. Mahendra Singh), under Section 125 Cr.P.C., Police Station- Konch, District- Jalaun.
The present recovery appears to have been issued in accordance with the order dated 13.06.2014 passed under Section 125 Cr.P.C. By means of the present application, the applicant states that such challenge is wholly time barred and in any case, the statutory remedy available against the order is to file a revision.
Learned counsel for the applicant states that the applicant does not wish to challenge the order dated 13.06.2014. Thus, the prayer to that extent is rejected.
Then, it has been submitted that some time may be granted to the applicant to make good deficiency of the arrears.
Considering the fact that the applicant is an agriculturist, it does appear that some time may be granted to him in the interest of justice.
Considering the above, no useful purpose would be served in keeping the present application pending any further.
Leaving it open to the opposite party no. 2 to file recall of this order, the present application is disposed of with the following direction:
1. Subject to the applicant furnishing adequate security to the tune of Rs. 2,31,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 30.06.2018.
2. The applicant shall deposit a sum of Rs. 2,31,000/- being entire amount of arrears payable to the opposite parties in twelve quarterly instalments, such instalments being payable on or before 31.07.2018, 31.10.2018, 31.01.2019, 30.04.2019, 31.07.2019, 31.10.2019, 31.01.2020, 30.04.2020, 31.07.2020, 31.10.2020, 31.01.2021 and 30.04.2021 respectively. The first eleven instalments would be of Rs. 20,000/- each while the twelfth/last instalment would be for the balance amount.
3. The applicant shall continue to pay to opposite parties or deposit before the learned court below, current monthly maintenance allowance from the period June, 2018 onwards on or before the tenth day of each calendar month.
Any amount already deposited by the applicant may be adjusted towards payment/s to be made by the applicant towards the last instalment/s.
Subject to aforesaid compliance being made, no coercive measure shall be taken against the applicant.
All the amounts may be either paid to the opposite parties, directly or be deposited by the applicant with the Court below within time indicated above. In the latter case the amount/s shall be released to the opposite parties, forthwith.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court. Also, this order shall not operate in respect of any other dues that may be outstanding against the applicant.
Order Date :- 31.5.2018 A. Singh