Allowed¶17

Arvind Kumar v. State of U.P. and Another

Allahabad HC10 Feb 2025A482/23973/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application allowed; order dated 15.4.2024 of Additional Principal Judge, Family Court No.2, Kanpur Nagar quashed; Section 126(2) Cr.P.C. maintenance proceedings; Criminal Misc. Case No. 717 of 2023; ex parte maintenance order dated 22.6.2019; compliance order dated 17.1.2024 in Misc. Case No. 396 of 2016; regular payment of maintenance by deduction from account; remand for fresh hearing and fresh order; Nand Prabha Shukla, J.; decided September 18, 2025.

What did the court decide?

Application under Section 482 Cr.P.C. allowed; impugned order dated 15.04.2024 quashed and matter remitted to the Family Court for a fresh opportunity of hearing to both parties and a fresh order in accordance with law. ¶17

Arvind Kumar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 23973 of 2024

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Arvind Kumar

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.....Applicant(s)

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State of U.P. and Another

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Versus .....Opposite Party(s)

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Counsel for Applicant(s) : Pawan Singh Pundir, Shailendra Kumar Sharma Counsel for Opposite Party(s) : G.A. Court No. - 78

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HON'BLE NAND PRABHA SHUKLA, J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The present matter has been listed peremptorily but no one has put in appearance on behalf of the Respondent No. 2 despite the service of notice on the Respondent No. 2 on 16.3.2025.

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The present application under Section 482 Cr.P.C. has been filed to quash/stay the impugned order dated 15.4.2024 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar in Criminal Misc. Case No. 717 of 2023 (Arvind Kumar vs. Smt. Radha Shakya & others) under section 126(2) Cr.P.C. at Police Station Naubasta, District Kanpur Nagar.

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It has been submitted by learned counsel for the applicant that the applicant is aggrieved by order dated 15.4.2024 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar wherein the application moved by the applicant under Section 126(2) Cr.P.C. has been rejected in an arbitrary manner on the ground that the order dated 17.1.2024 passed in Misc. Case No. 396 of 2016 has not been complied with.

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Learned counsel for the applicant submits that the order of maintenance dated 22.6.2019 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar is an ex parte order and was not passed in the presence of the applicant. Despite this fact, the applicant is regularly

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A482 No. 23973 of 2024

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paying the maintenance as is evident from the Annexure No. 2 of supplementary affidavit dated 09.2.2025 which indicates that the amount of Rs. 10,000/- as maintenance and Rs. 10,000/- as arrears of maintenance is being deducted regularly from his account. Despite this deduction from his account, the order impugned has been passed which is an abuse of the process of the Court.

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Considering the fact that the applicant is regularly paying the maintenance awarded by the Family Court, accordingly, in the interest of justice, order dated 15.04.2024 passed by learned Additional Principal Judge, Family Court No.2, Kanpur Nagar is hereby quashed and the matter is remitted back to the Court concerned to give a fresh opportunity of hearing to both the parties and pass a fresh order in accordance with law.

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With the aforesaid direction, the application 482 Cr.P.C. is allowed.

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(Nand Prabha Shukla,J.)

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September 18, 2025 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Arvind Kumar v. State of U.P. and Another

Case brief

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Arvind Kumar v. State of U.P. and Another

Case brief

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