Court No. - 85
Case :- APPLICATION U/S 482 No. - 28005 of 2019 Applicant :- Ravi Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A.,Gopi Krishna Sood,Mohit Behari Mathur
Hon'ble Gautam Chowdhary,J.
Heard Shri Kumar Ashutosh Srivastava, learned counsel for the applicants, Shri Mohit Behari Mathur assisted by Shri Gopi Krishna Sood, learned counsel for opposite party no.2. and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.3973 of 2018, under Sections 498-A,323,504, IPC & 3/4 Dowry Prohibition Act, Police Station-Prem Nagar, District-Bareilly, pending in the court of Additional Chief Judicial Magistrate, Room No. 2, Bareilly including summoning order dated 26.3.2019.
In compliance of the order dated 16.07.2021 applicant no.1, Ravi Kumar, identified by his counsel Shri Ashutosh Srivastava and opposite party no.2 Geeta along with his daughter- Varsha (wife of applicant no.1), identified by their counsel Mohit Behari Mathur are present before the Court.
On the query made by the court whether both the parties are willing to live together or not, the applicant no.1 replied that he is not willing to live with his wife and wants to live separately. Several other queries were made by the court but the matter could not be settled as the applicant- Ravi is not willing to keep his wife along with him.
The daughter of opposite party no.2 namely Varsha who is wife of applicant no.1 states that she is ready to go with her husband namely Ravi Kumar but the applicant- Ravi clearly states that at this stage it is not possible for him to live with her wife Smt. Varsha. After this statement, the counsel for the opposite party and her mother who were present in the court discussed the matter and they came to the conclusion that when the husband is not willing to live with her it will be better for Smt. Varsha to separate herself from Ravi. She further prayed that the interest of the child may be protected.
The only submission raised by the learned counsel for the applicants is that the applicant-Ravi is prepared to pay the amount of maintenance but because of the stringent circumstances he is not able to pay the entire amount at a stretch and some convenient installments in that regard may be made.
Taking into consideration of the case as well as in the interest of justice this Court feels proper that the applicant- Ravi shall pay Rs.6,00,000/- as alumni in three equal intallments to the daughter of opposite party no.2- namely Varsha. The first installment should be paid by 20th August, 2021, second installment by 10th September, 2021, third installment by 30th September, 2021 in the account of Smt. Varsha i.e. A/c No.1461001500005885 through R.T.G.S.
Further, it came within the knowledge of the Court that a child has been born out of the wedlock of applicant no.1 and daughter (Varsha) of opposite party no.2 on 19.11.2017. Therefore, in the interest of child the applicant- Ravi shall pay Rs.2,000/- per month to the child also upto the age of 20 years of child with 25% increase in the amount in every five years from now.
If the applicant pays as directed above, no coercive action shall be taken against him and all the proceedings going on against the applicant in the court below shall stands withdrawn at this stage.
In case, the applicant failed to deposit the aforesaid amount within time, the court below will be at liberty to proceed against the applicant at any stage he fails to comply with the aforesaid order in accordance with law.
The application is partly allowed in aforesaid terms.
Let a copy of this order be supplied to the lower court forthwith.
Order Date :- 30.7.2021 shiv