Court No. - 72
Case :- APPLICATION U/S 482 No. - 31999 of 2019 Applicant :- Satya Prakash Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ghanshyam Das Mishra,Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Dr. G.S.D. Mishra, learned counsel for the applicant and learned A.G.A. for the State.
By means of the present application under Section 482, Cr.P.C. the applicant seeks quashing of the entire proceedings of Criminal Case No.1755 of 2017, under Section 12 of Protection of Women From Domestic Violence Act, P.S. New Agra, District Agra including the order dated 6.4.2019 passed by the A.C.J.M. and the order dated 12.2.2018 passed by Additional Chief Judicial Magistrate, 9th, Agra, whereby the application filed by O.P. No.2 was allowed exparte.
The record reflects that the exparte order was passed on 12.2.2018 directing the applicant to pay the maintenance to his wife to the extent of Rs.3,000/- per month and restraining him for committing any domestic violence and the violence relating to mental, physical and sexual. In the order it is made clear that whatever amount the applicant was paying in a proceeding under Section 125, Cr.P.C., shall be adjusted. The said order has not been complied with by the applicant, therefore, recovery warrant dated 6.4.2019 was issued.
The contention of learned counsel for the applicant is that the applicant is paying the amount of maintenance awarded in the proceeding under Section 125, Cr.P.C. to the extent of Rs.4,000/- per month, therefore, said amount should be adjusted in the maintenance awarded in the proceeding under Section 12 of Protection of Women From Domestic Violence Act.
The question there is whether the applicant is paying the maintenance regularly to the wife pursuant to the order in the proceeding under Section 125, Cr.P.C. or not.
Under these circumstances, direction is given to the applicant to file an application before the concerned magistrate for recalling the order dated 6.4.2019 within a week and demonstrate that he is regularly paying the maintenance to the wife to the extent of Rs.4,000/- per month, as awarded in the proceeding under Section 125, Cr.P.C. and in case the applicant appears and files the application within a week from today, then the said application be decided by the learned magistrate expeditiously in accordance with law.
For a period of one week from today no coercive action shall be taken against the applicant. In case the applicant failed to appear within the aforesaid time before the concerned magistrate, coercive action shall be taken against the applicant in accordance with law.
With the aforesaid direction, the application stands disposed of. Order Date :- 22.8.2019 T. Sinha