Court No. - 38
Case :- APPLICATION U/S 482 No. - 3457 of 2019 Applicant :- Raju Opposite Party :- State Of Up And Another Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
This application under Section 482 Cr.P.C. has been filed for quashing of the order dated 26.6.2018 passed by learned Judicial Magistrate, court No. 1 Jhansi, whereby the learned Magistrate has awarded maintenance at the rate of Rs. 8,000/- per month from the date of order to the wife and children as well as recovery warrant dated 27.11.2018 passed by learned Judicial Magistrate, court No. 1, Jhansi in Criminal Case No. 1461 of 2017 (Preeti vs. Raju) under Section 23 Protection of Women from Domestic Violence Act, police station Sadar Bazar, district Jhansi, by which the amount of Rs. 32,000/- (Rupees thirty two thousand only) was directed to be recovered from the applicant by the police station concerned.
Learned counsel for the applicant submitted that the applicant is ready to give the maintenance of Rs. 8,000/- per month to opposite party No. 2 as awarded by the learned Judicial Magistrate, Court No. 1, Jhansi. Learned counsel for the applicant further submitted that on the application moved by opposite party No. 2, the recovery warrant dated 27.11.2018 has been issued by the court below as the applicant could not pay the maintenance amount with effect from 26.6.2017 to 10.11.2017 i.e. total Rs. 32,000/-. Learned counsel for the applicant at this stage has made a limited prayer to fix the instalments for paying the amount due to the applicant.
Learned AGA appearing on behalf of the State has not opposed the limited prayer made by the learned counsel for the applicant.
I have heard learned counsel for the applicant as well as learned AGA.
Since the applicant has made a limited prayer and he wants to pay entire dues against opposite party No. 2, but due to financial hardship of the applicant he is not able to pay the entire amount to opposite party No. 2 in lump sum.
In view of the above, I am of the opinion that the amount due will be paid to the wife in two equal instalments. The first instalment shall be paid on or before 13th of February, 2019 and the second instalment to be paid on or before 6th of March, 2019.
Till 6th of March, 2019, the effect and operation of recovery warrant dated 27.11.2018 in the above mentioned case shall be kept in abeyance Accordingly, the present application is disposed of.
Order Date :- 25.1.2019 Sumaira