Court No. - 64
Case :- APPLICATION U/S 482 No. - 35599 of 2019 Applicant :- Surendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Bharti Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved on behalf of applicant seeking the quashing of order dated 17.7.2019 passed by the Additional Sessions Judge/Fast Track Court No.2/Family Court, Ghaziabad and order dated 13.11.2018 passed by the Additional Sessions Judge/Fast Track Court No.2/Family Court, Ghaziabad in Case No.96 of 2016 (Smt. Rakhi Rani vs. Surendra Singh) u/s 125 Cr.P.C., Police Station-Vijay Nagar, District-Ghaziabad.
Heard learned counsel for the applicant and learned A.G.A. and also perused the record.
Counsel for the applicant has not been able to point out any such illegality, impropriety or incorrectness much less than any abuse of court's process which may persuade this Court to interfere in the impugned orders, which reflect judicial application of mind. The objection that in the proceedings regarding the Domestic Violence Act certain amount of maintenance was also being paid and therefore the fixation of the amount of interim maintenance in the proceedings of 125 Cr.P.C. was wrong, has been considered in the impugned order. It has been mentioned in the impugned order that this objection was already taken at the time when interim maintenance was fixed and therefore the application that was subsequently moved on behalf of applicant challenging the fixation of interim amount of maintenance was not tenable. The reasoning adopted by the court below does not appear to be flawed and there is no element of perversity reflected in the impugned orders. The proceedings of the Domestic Violence Act and the proceedings of Section -125 Cr.P.C. are two independent proceedings and both can coexist. The two similar beneficial statutes should be treated as complementary to each other and one should be read in addition to other and not in derogation of the same.
Application lacks merit and stands dismissed.
Order Date :- 25.9.2019 M. Kumar