Court No. - 64
Case :- APPLICATION U/S 482 No. - 20744 of 2019 Applicant :- Santosh Kumar Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 09.04.2019 passed by Additional Chief Judicial Magistrate, Anoopshahr, District Bulandshahr in Complaint Case No. 08/2016, Manju Devi Vs. Santosh and others, under Section 12 Domestic Violence Act, P.S. Debai, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Anoopshahr, District Bulandshahr.
Applicant claims that he is ready to negotiate the matter with his wife opposite party no.2.
Learned A.G.A. has submitted that in this case, the recovery proceeding is underway and an application dated 17.01.2019 was moved by opposite party no.2 before the lower court concerned for realisation/recovery of the amount in question to the tune of Rs.1,02,000/- and maintenance amount Rs. 3,000/- each to the opposite party no.2 and the daughter of the applicant- Km. Kirti. The applicant has not made any penny towards payment till date.
Considered the submission so raised and also considered the entirety of the case.
In this case, maintenance amount was initially passed on the application of Smt. Manju Devi- opposite party no.2, whereupon a revision was preferred against that order, whereafter remedy available at the forum of appellate stage and the revisional stage was exhausted. Thereafter, an application dated 17.01.2019 was moved with prayer to recover the amount in question from the present applicant. There is nothing in favour of the applicant and the applicant is required to comply with the order of the lower court and to make payment to his wife.
However, it is open to the applicant to enter into negotiation and may move proper application and the lower court may facilitate negotiation as such, provided the applicant first to pay the entire amount due to him to be paid to opposite party no.2 and his daughter.
With the aforesaid observation, this application stands disposed of.
Order Date :- 30.5.2019 S Rawat