Court No. - 88
Case :- APPLICATION U/S 482 No. - 7550 of 2021 Applicant :- Satendra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.,Kamlesh Kumar Tiwari,Kripa Shankar Pandey
Hon'ble Vipin Chandra Dixit,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
Heard Sri Rahul Mishra, learned counsel for the applicant, Kripa Shankar Pandey, learned counsel for opposite party nos.2 and 3, learned A.G.A. for the State and perused the record.
The present application u/s 482 Cr.P.C. has been filed by applicant against the order dated 27.1.2021 passed by Principal Judge, Family Court, Azamgarh by which the Misc. Application No.75 of 2020 (Statendra Vs. Manjulata) filed by applicant seeking recall of order dated 16.9.2016 whereunder his application under Section 126(2) Cr.P.C, was ex-parte rejected, arising out of Case No.400 of 2015 (Manjulata and another Vs. Satendra) under Section 125 Cr.P.C., was rejected.
It is submitted by learned counsel for applicant that application filed by opposite party nos.2 and 3 under Section 125 Cr.P.C. was allowed ex-parte vide judgment and order dated 10.11.2015 passed by Principal Judge, Family Court, Azamgarh in Case No.400 of 2015 by which the maintenance at the rate of Rs.5,000/- per month was allowed in favour of opposite party no.2, who is wife of applicant and Rs.2,000/- per month in favour of opposite party no.3, who is minor daughter of applicant. The applicant had moved an application on 23.1.2016 under Section 126(2) Cr.P.C. for recall of ex-parte order dated 10.11.2015. The application under Section 126(2) Cr.P.C. filed by applicant was allowed by the Family Court vide order dated 18.5.2016 with the condition that applicant shall deposit 1/3 of outstanding dues in pursuance of order dated 10.11.2015. The applicant has failed to comply the order dated 18.5.2016 and as such the application filed by applicant under Section 126(2) Cr.P.C. was rejected by the Family Court vide order dated 16.9.2016. Thereafter the applicant has again filed an application on 15.12.2020 for recall of order dated 16.9.2016 which was rejected by the Family Court vide impugned order dated 27.1.2021.
It is stated in paragraph 3 of supplementary affidavit that during the pendency of present application U/s 482 Cr.P.C., to prove his bonafide, applicant had already deposited outstanding amount of Rs.3.72 Lac upto 25.3.2021 through bank draft on 20.9.2021 and the applicant has further undertakes that remaining amount from 25.3.2021 to up-to-date will be deposited within next 15 days.
Learned counsel appearing for opposite party nos.2 and 3 has no objection and request has been made that amount of Rs.3.72 Lac which was deposited through bank draft be released in favour of opposite party nos.2 and 3.
In view of above, the present application U/s 482 Cr.P.C. is allowed and the orders dated 16.9.2016 and 27.1.2021 are set- aside and the application filed by application U/s 126(2) Cr.P.C. is allowed subject to condition that applicant shall deposit the outstanding amount from 25.3.2021 till today before Family Court within next 15 days from today, which will be paid to opposite party nos.2 & 3 forthwith. The amount of Rs.3.72 Lacs deposited on 20.9.2021 be also released in favour of revisionist no.2 forthwith. The Family Court, Azamgarh is directed to decide the application filed by opposite party nos.2 and 3 under Section 125 Cr.P.C. on merits without granting any undue adjournment to either of the parties preferably within a period of four months from today.
Order Date :- 30.9.2021 Kpy