Quashed

Sanjeev Kumar @ Surjan Singh v. State of U.P.and Another

Allahabad HC30 May 2023A482/19189/2023

Case brief

AI extract

What is this about?

In this inherent jurisdiction application under Section 482 Cr.P.C., the applicant sought to quash an interim maintenance order. The applicant capitulated on merits and offered to pay arrears. The High Court granted an undertaking conditioned on timely deposit of arrears in three instalments, while directing continuation of monthly maintenance.

What did the court decide?

Granted undertaking to deposit arrears in three instalments by 30.6.2023, 30.7.2023, and 30.8.2023, while continuing monthly maintenance; protection from coercive action granted, subject to strict com

Sanjeev Kumar @ Surjan Singh Vs State of U.P.and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:120571

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 19189 of 2023

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Applicant :- Sanjeev Kumar @ Surjan Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ram Ashish Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,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 482 Cr.P.C. application has been filed for quashing the order dated 21.11.2022 passed by the Principal Judge, Family Court, District Etawah in Case No. 6 of 2019 (Khushbu vs. Sanjeev Kumar @ Sonu), under Section 125 Cr.P.C., P.S. Friends Colony, District Etawah, whereby the applicant has been directed to pay interim maintenance of Rs.2000/- to the opposite party (wife).

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Learned counsel for the applicant after making submission on merits, has fairly submitted that necessary grounds for invoking the inherent powers of this Court under Section 482 Cr.P.C. have not been made out in the facts of the present case. Accordingly, he does not wish to press the principal prayer, as made in the application. He submits that the applicant is ready to pay the entire arrears of maintenance pursuant to order dated 21.11.2022. He also submits that the applicant is ready to pay monthly maintenance to opposite party no.2, provided some relaxation may be granted.

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Considering the alternative prayer, it is provided that the applicant shall deposit entire arrears of maintenance amount, as on date, in three equal instalments before the Family Court, Etawah. The first instalment shall be paid by the applicant on or before 30.6.2023; the second instalment shall be paid by the applicant on or before 30.7.2023; and the third & final instalment of remaining amount shall be paid on or before 30.8.2023.

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It is clarified that in addition to the above payment of arrears, the applicant shall continue to pay the current maintenance allowance as an when it becomes due as per the order dated 21.11.2022 passed by the Principal Judge, Family Court, Etawah. The amount so deposited shall be paid to the opposite party no.2 after due

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verification by the Principal Judge, Family Court, Etawah.

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In case, the applicant deposits the aforesaid amount within the aforesaid period, no coercive action shall be taken against him.

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However, in case the applicant fails to deposit the first instalment or fails to deposit the subsequent instalments or fails to deposit the monthly maintenance amount, the protection granted by this Court shall automatically stands vacated and the Court will be at liberty to proceed against the applicant in accordance with law.

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It is made clear that any amount deposited by the applicant shall be adjusted.

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Office is directed to communicate the order passed by this Court to the concerned forthwith.

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With the aforesaid direction, the instant application stands disposed of.

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Order Date :- 30.5.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Sanjeev Kumar @ Surjan Singh v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar @ Surjan Singh 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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