Court No. - 48
Case :- CRIMINAL REVISION No. - 830 of 2019 Revisionist :- Prem Shankar Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Ramesh Chandra Gupta 2 Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This revision has been filed to set aside the order dated 5.12.2018 passed by the Additional Sessions Judge, F.T.C., Court No. 20, Allahabad in Criminal Appeal No. 75 of 2018 (Prem Shankar Vs. State of U. P. and another) arising out of order dated 31.3.2018 passed by Judicial Magistrate, Court No. 1, Allahabad in case no. 801 of 2017 (Smt. Ratna Singh Vs. Prem Shankar and others) under Section 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as the Act).
Heard learned counsel for the revisionist and learned A.G.A.
Submission of learned counsel for the revisionist is that earlier compromise entered into between the parties and 2-1/2 bigha land was also given to the opposite party no. 2 but she did not stop harassing the revisionist and filed present complaint under Section 12 of the Act despite agreement entered into between the parties. It is further argued that continuation of the present complaint is an abuse of process of law.
Learned A.G.A. opposed the prayer.
Having regard to the facts and circumstances of the case, hearing the parties and also keeping in view the relations between the parties, prayer made in this application at this stage cannot be allowed as order passed on the application under Section 23 of the Act was challenged in Criminal Appeal which was partly allowed reducing the amount of maintenance. If such is the position, order passed by both the courts below cannot be termed to be illegal. Application under Section 12 of the Act is still pending. Interim maintenance granted to the opposite party no. 2 may be varied or modified at the time of final disposal of the application under Section 12 of the Act.
Revision being devoid of merit is not liable to be admitted and is dismissed at this stage itself.
Order Date :- 26.2.2019 Sachdeva