Court No. - 53
Case :- APPLICATION U/S 482 No. - 32184 of 2018 Applicant :- Satya Narayan Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Ghanshyam Das Mishra,Hans Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
This Application has been filed under Section 482 Cr.P.C. seeking to quash the proceedings of Misc. Case No. 379 of 2014 (Smt. Mamta vs. Satya Narayan) under Section 125 Cr.P.C. P.S. Etmaddaula, District Agra, pending before the Family Judge/Fast Track Court-I, Agra.
The submission of learned counsel for the applicant is that opposite party no. 2 has given an affidavit/Talaqnama before the Mahila Thana to the effect that on account of harassment by the applicant she has left her in-laws home four years ago, and, till date is living with Monu, a resident New Basti, M.G. Road, Tundla, Firozabad. It is submitted that second opposite party is admittedly living with an unmarried person, since the year 2010, which she has acknowledged in paragraph no. 4 of the application under Section 125 Cr.P.C. The Court has perused the application under Section 125 Cr.P.C. and does not find any such acknowledgement. Rather, it is said, that the prosecutrix was ill-treated severely by her in-laws, and, in order to escape their atrocities, she went away and was given shelter by a person called Monu. It is nowhere said that she is in a living-in relationship with Monu. It is rather that the prosecutrix has filed the application seeking maintenance, under Section 125 Cr.P.C. for herself and the parties' children, two sons, Master Karan and Master Arun, as the second opposite party has no means of sustenance.
The issue raised in the present application under Section 482 Cr.P.C. can be raised in defence to the application under Section 125 Cr.P.C. However, on a defence to the application under Section 125 Cr.P.C., proceedings cannot be quashed at the threshold.
In the result, the prayer for quashing the impugned proceedings is refused. It is, however, ordered that proceedings for maintenance shall be decided as expeditiously as possible preferably within a period of eight months next in accordance with law reckoned from the date of receipt of a certified copy of this order by the Family Court/FTC-I, Agra, unless there by any order of stay by a Court of superior jurisdiction.
This Application stands disposed of with the above orders.
Order Date :- 17.9.2018 Deepak/Shahroj