Court No. - 64
Case :- APPLICATION U/S 482 No. - 36294 of 2019 Applicant :- Sharafat Husain Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 24.12.2018 whereby maintenance has been awarded to the opposite party no.2 and order dated 4.9.2019 whereby recovery warrant has been issued against the applicant by the Family Court, Amroha in Complaint Case No.127 of 2018, Computer No.UPJB02000463 of 2018, Smt. Anjum and others vs. Sharafat Husain, u/s 126(2) Cr.P.C., P.S.- mandi Dhanaura, District-Amroha.
Shri Sunil Kumar Singh, Advocate filed his power today on behalf of opposite party no.2 which is taken on record.
Heard learned counsel for applicant, learned counsel for opposite party no.2 and learned A.G.A.
Perused the record.
Counsels of both sides have requested the Court to decide this matter at this stage on the basis of mutually negotiated agreement. Both the counsels have jointly informed the Court that if the same amount of maintenance as has been ordered by the court below is fixed from the date of the order, the applicant has no objection to comply with the order and accept the same. It was submitted by the applicant's counsel that as the maintenance amount has been fixed from the date of application i.e. going to result in excessive hardship to the applicant as the applicant is also having other liabilities to perform. Counsel for opposite party no.2 has been fair enough to submit that such an adjustment is reasonable and is acceptable to his party.
In view of the mutual consent arrived at in between the parties which has been clearly expressed in the Court by both the legal representatives appearing in the court, this Court deems it proper to decide the matter at this stage.
The applicant shall therefore be liable to pay maintenance amount of Rs.17,000/- to the opposite party no.2 and Rs.5000/- to the opposite party no.3 per month regularly from the date of order instead of date of filing of application.
So far as the amount of arrears accruing from the date of application and the date of the order is concerned, that part of the order stands quashed.
The application stands allowed in aforesaid terms.
Order Date :- 30.9.2019 M. Kumar