Disposed

Zeeshan Beg v. State of U.P. and Another

Allahabad HC31 May 2018CRLR/1881/2018

Case brief

AI extract

What is this about?

The Court disposed of a revision seeking to quash a maintenance order under Section 125 Cr.P.C. based on a stated compromise. Permission was granted to file an application under Section 127 Cr.P.C. with a two-month stay on recoveries, conditional upon compliance.

What did the court decide?

Petition dismissed; applicant directed to file application under Section 127 Cr.P.C.; recovery stayed for two months if application filed.

Zeeshan Beg Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2018)

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Court No. - 49

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Case :- CRIMINAL REVISION No. - 1881 of 2018

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Revisionist :- Zeeshan Beg Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ved Mani Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present revision has been filed to set aside the impugned order dated 23.02.2018 passed by learned Family Judge/ Fast Track Court No.1, Bareilly in Criminal Misc. Case No. 1282 of 2015 (Smt. Nazma Bee Vs. Zeeshan Beg), under Section 125 Cr.P.C., Police Station Izzat Nagar, District Bareilly, by which the monthly maintenance allowance @ Rs. 4000/- per month from the date of her application being 24.11.2015.

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Learned counsel for the applicant submits that subsequent to the order dated 23.02.2018 being passed, the parties have arrived at a compromise, wherein an amount of Rs.5,50,000/- has been paid by applicant no.1 Zeeshan Beg towards past, current and future claim of maintenance allowance, alimony etc. and that the same has been accepted by the opposite party no.2 Smt. Nazma Bee.

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Consequently, it is stated that proceedings of under Section 12 of The Protection of Women from Domestic Violence Act, 2005 concluded in terms of the compromise so reached between the parties. It is then submitted that the order dated 23.02.2018 passed under Section 125 Cr.P.C made therefore be also quashed.

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In view of above, no useful purpose would be served by in keeping the present revision pending or issuing any notice to opposite party no.2. in view of the order proposed to be passed.

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Without entering the merits of the proceedings under Section 125 Cr.P.C, the present application is disposed of with the direction, if an application is filed before the learned Court below under Section 127 Cr.P.C on the basis of submission raised herein along with certified copy of this order, the learned Court below will consider and decide the said application preferably within two months from the date of filing of such application.

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For the period of two months, no further recovery shall be made and further recoveries, if any, may be made in accordance with the final order to be passed under Section 127 Cr.p.C. or any interim order that may be passed on such an application to be filed by the applicant.

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However, it is clarified, that in the event, the applicant does not comply with this order, the interim protection granted shall stand automatically vacated.

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Order Date :- 31.5.2018

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SFH

Zeeshan Beg v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Zeeshan Beg v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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