Court No. - 86
Case :- CRIMINAL REVISION No. - 31 of 2019 Revisionist :- Smt. Seema Parveen Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Santosh Kumar Gupta Counsel for Opposite Party :- G.A.,Jai Prakash Prasad
Hon'ble Umesh Kumar,J.
Heard Sri Santosh Kumar Gupta, learned counsel for the revisionist, Sri Jai Prakash Prasad, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material placed on record.
The present criminal revision has been moved against impugned judgment and order dated 20.09.2018 passed by learned Additional Sessions Judge- I,Rampur in Criminal Appeal No.9 of 2017 (Musarrat Ali Khan Versus State of U.P. and another) whereby the appellate court allowed the appeal partly and modified the order dated 13.02.2017 and reduced maintenance allowance and fixed it to Rs.5000/- per month in place of Rs.10,000/- per month and reduced the compensation and fixed it to Rs.1,00,000/- in place of Rs.2,00,000/- which was awarded by Additional Chief Judicial Magistrate, Rampur in Criminal Case No.119 of 2016 (Smt. Seema Parveen Versus Musarrat Ali Khan and others). A prayer has been made to set aside the judgement and order dated 20.09.2018 passed by Additional Sessions Judge-I, Rampur and restore the order dated 13.02.2017 passed by Additional Chief Judicial Magistrate, Rampur.
It is argued by learned counsel for the revisionist that the appellate court has disbelieved the version of the revisionist only on the ground that this is her third marriage and litigation is going on between the revisionist and her ex-husband. The reasoning adopted by the appellate court is improbable and perverse and liable to be set aside.
Learned counsel for the opposite party no.2 has argued that the opposite party no. 2 is also paying maintenance allowance to the revisionist under Section 125 Cr.P.C. to the tune of Rs.8,000/- per month, besides complying with above orders passed under Protection of Women from Domestic Violence Act, 2005 and view of provisions of Section 12(2) of the Act the amount of maintenance allowance granted under Section 125 Cr.P.C. shall be set off against the amount payable under provisions of Protection of Women from Domestic Violence Act, 2005. Section 12(2) of the Act reads as under:-
"Section 12 (2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:
Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off."
The argument of the opposite party no.2 bears force. The maintenance allowance awarded to revisionist under Section 125 Cr.P.C. proceeding by the trial court is Rs.8000/- per month whereas maintenance allowance awarded to the revisionist under provisions of Protection of Women from Domestic Violence Act, 2005 is Rs.10,000/- per month.
Considering all aspects of the matter, the judgment and order dated 20.09.2018 passed by learned Additional Sessions Judge-I,Rampur in Criminal Appeal No.9 of 2017 (Musarrat Ali Khan Versus State of U.P. and another) whereby the appellate court allowed the appeal partly and modified the order dated 13.02.2017 and reduced maintenance allowance and fixed it to Rs.5000/- per month in place of Rs.10,000/- per month and reduced the compensation and fixed it to Rs.1,00,000/- in place of Rs.2,00,000/- is set aside and the order dated 13.02.2017 passed by Additional Chief Judicial Magistrate, Rampur is confirmed and modified to the effect that the maintenance allowance of Rs.8,000/- per month awarded in the proceeding under Section 125 Cr.P.C. shall be adjusted/included in maintenance allowance awarded to the revisionist under provisions of Protection of Women from Domestic Violence Act, 2005 which is to the tune of Rs.10,000/- per month.
In the light of aforesaid, this criminal revision stands allowed.
Order Date :- 30.7.2021 MN/-