Dismissed

Ramlal Shukla v. State of U.P. Thu. Prin. Secy Home Deptt. Lko and Another

Allahabad HC6 Aug 2024A482/6950/2024

Case brief

AI extract

What is this about?

This judgment disposed of an application under Section 482 Cr.P.C. seeking quashing of a recovery warrant issued against the applicant for non-compliance of a domestic violence maintenance order. The court rejected the submission that the warrant should have been issued only against the applicant's employed son, holding that the order was against all respondents including the applicant.

What did the court decide?

The petition under Section 482 Cr.P.C. was dismissed, and the recovery warrant remains in force.

Ramlal Shukla vs State of U.P. Thu. Prin. Secy Home… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53936

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 6950 of 2024 Applicant :- Ramlal Shukla Opposite Party :- State Of U.P. Thu. Prin. Secy Home Deptt. Lko And Another Counsel for Applicant :- Kumar Ayush Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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The instant petition under Section 482 of Cr.P.C. / Section 528 of BNSS, 2023 has been filed praying for quashing of the order dated 31.05.2024 passed by learned Civil Judge (Junior Division), Unnao in Complaint Case No.3116 of 2016 in Re: Puja Shukla Vs. Uttam Shukla, Police Station Kotwali, District Unnao, a copy of which has been filed as annexure No.1 to the petition, whereby a recovery warrant has been issued against the petitioner and Shri Uttam Shukla who is said to be the son of the petitioner.

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Admittedly, the recovery warrant has been issued on account of non compliance of the judgment and order dated 06.06.2019 passed by the learned Civil Judge (Junior Division), FTC, Unnao in Case No.3116 of 2016 under Section 12 of the Domestic Violence Act whereby an amount of Rs.2,000/- per month has been awarded in favour of the respondent No.2. Admittedly, the appeal filed against the said order has also been dismissed as stated by Shri Kumar Ayush, learned counsel for the petitioner.

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As the order has not been complied with, the learned court has issued a recovery warrant vide order dated 31.05.2024.

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The ground for challenge raised by learned counsel for the

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petitioner is that as the son of the petitioner namely Shri Uttam Shukla is working, consequently, the recovery warrant should have been issued against him alone and that the petitioner being the father-in-law of the respondent No.2 and father of Uttam Shukla, has got no role in the matter.

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The aforesaid arguments though attractive on the face of record merit outright rejection. The reason is that the judgment and order dated 06.06.2019 has been passed against all the respondents which also included the petitioner herein. The plaint has been filed as annexure 2 to the petition which indicates that Shri Uttam Shukla, Smt. Pratibha Shukla, Shri Ramlal Shukla, Shri Sarvottam Shukla and Shri Vivek Tiwari were all impleaded as respondents in the said application which has been allowed against all the respondents. As the respondents have failed to comply with the order as such, the recovery warrant has been issued against the respondents of which petitioner, admittedly, is one of the respondents in the said plaint. Merely because the petitioner is the father-in-law of the respondent No.2 and as per the arguments of the learned counsel for the petitioner he has no role in the matter, the same may not detain the court inasmuch as once judgment and order dated 06.06.2019 has been passed against all the respondents, which order has been again affirmed with the dismissal of the appeal, consequently, all the respondents are liable for compliance of the order passed by the learned court.

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Keeping in view of the aforesaid discussion, no case for interference is made out.

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Accordingly, the instant petition is dismissed.

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Order Date :- 6.8.2024/S. Shivhare

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Ramlal Shukla v. State of U.P. Thu. Prin. Secy Home Deptt. Lko and Another

Case brief

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Ramlal Shukla v. State of U.P. Thu. Prin. Secy Home Deptt. Lko and Another

Case brief

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