Court No. - 71
Case :- CRIMINAL REVISION No. - 4926 of 2019 Revisionist :- Waseem Akram Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and the learned AGA for the State.
2. Present revision application has been filed for quashing the order dated 24.09.2019 passed by learned Additional Sessions Judge, Court No. 09, Moradabad in Criminal Appeal No. 26 of 2019 (Waseem Akram Vs. Smt. Nafisa @ Sayama & Ors.), under Section 29 of the Protection of Women from Domestic Violence Act, 2005 as well as the judgment and order dated 23.02.2019 passed by the Additional Chief Judicial Magistrate, Court No.3, Moradabad in Case No. 6779 of 2017 (Smt. Nafisa @ Samaya Vs. Waseem Akram @ Ors.), under Section 23 of the said Act.
3. Learned counsel for the applicant states, by a separate order passed under Section 125 Cr.P.C., the applicant has been directed to pay final maintenance @ Rs.5,000/- per month to opposite party nos.2 and 3. In that circumstances, the order directing him to pay a further maintenance of Rs.3,000/- to opposite party no.2 and Rs.2,000/- to opposite party no.3 is excessive, keeping in mind the fact that the applicant is a private compounder.
4. Matter requires consideration.
5. Issue notice to opposite party nos.2 and 3.
6. Subject to the applicant, complying with the order passed under Section 125 Cr.P.C. dated 11.11.2019 by the Family Court and his further paying Rs.1,500/- per month to opposite party no.2 and Rs.1,000/- to opposite party no.3 in terms of the order impugned in the present revision, further recoveries from the applicant in pursuance of the impugned orders shall remain stayed.
7. Further, learned court below may proceed to hear and decide the proceeding under Protection of Women from Domestic Violence Act as expeditiously as possible.
Order Date :- 20.12.2019 Saif