Dismissed

Yogesh and Another v. State of U.P and Another

Allahabad HC4 Mar 2022A482/22406/2021

Case brief

AI extract

What is this about?

This Single Judge Bench disposed of an application under Section 482 Cr.P.C. to set aside orders for maintenance and compensation under the DV Act. The court directed applicants to pay the due amount in two equal installments of three months' interval instead of a lump sum.

What did the court decide?

Application dismissed; relief granted by directing payment of dues in two equal installments of three months each.

Yogesh and Another Vs State of U.P and Another — Domestic Violence | Allahabad HC (2022)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 22406 of 2021

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Applicant :- Yogesh And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Pranshu Dwivedi,Ram Prakash Dwivedi

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned Counsel for the applicants, learned AGA for State and perused the material available on record.

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Application under Section 482 Cr.P.C. has been filed by the applicants to set aside the order dated 09.07.2019 passed by Chief Judicial Magistrate, Firozabad in Case No. 514 of 2017 (Smt. Rajni vs. Yogesh Kumar and others), under Sections 12, 18, 19, 20, 21, 22 of Protection of Women From Domestic Violence Act, 2005, Police Station Pachokhara, District Firozabad as well as order dated 22.09.2021 passed by learned Additional District & Sessions Judge / F.T.C.-II, Firozabad.

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Learned Counsel for the applicants submits that the applicants are the husband and mother-in-law of opposite party no. 2. He further submitted that the applicants were directed by the Magistrate concerned to pay Rs. 50,000/- within three month and Rs.3000/- per month from the date of order. He further directed the applicants to pay Rs. 1,50,000/- as compensation. Aggrieved with the said order, applicants have filed an appeal before the appellate court, the same was dismissed. He

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further submitted that the applicants are poor person and they are not in a position to pay the entire amount at one time. He is ready to pay the entire amount in easy installments.

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Learned AGA opposed the prayer.

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Considering the entire facts and circumstances of the case, rival submissions made by learned Counsel for the parties; it is directed that applicants shall pay the entire amount which is due in the aforesaid case in two equal installments at the interval of three months. First installment will be paid by 4th April, 2022.

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With the aforesaid directions, the application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 4.3.2022 Manoj

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Digitally signed by MANOJ KUMAR YADAV Date: 2022.03.06 15:17:03 IST Reason: Location: High Court of Judicature at Allahabad

Yogesh and Another v. State of U.P and Another

Case brief

What is this about?

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Yogesh and Another v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

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