Robin Kumar Vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

Robin Kumar Vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

Neutral Citation No. - 2025:AHC:23717

Court No. - 74

Case :- APPLICATION U/S 482 No. - 36132 of 2024

Applicant :- Robin Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Raj Kumar Chauhan (AOR No.A/R2305/23), holding brief of Sri Umair Mahmood, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. for the State.

The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the entire criminal proceeding against the order 27.06.2023 dated passed by the Court of Judicial Magistrate, court no.02, Nagina, Bijnor, Misc. Case No. 113 of 2022, (Chaya vs. Robin Kumar) under Sections 12, 9, 10, 19, 20, 22, 23, 17, 28, 27, 18, 21 of the Domestic Violence Act, PS Nagina Dehat District Bijnor.

Learned counsel for the applicant submits that the marriage of the applicant no.1 and the opposite party no.2 stood solemnized on 26.2.2020, however, there was no demand of dowry being regularly made, yet proceedings got initiated for the purposes under the Domestic Violence Act and also interim maintenance were also sought to the tune of Rs.13,000/- per month and the court below by virtue of the order dated 27.6.2023 proceeded to grant maintenance of Rs.4000/- per month. He further submits that the order passed by the Judicial Magistrate, Court No.2, Nagina, Bijnor cannot be sustained particularly when the applicant being the husband is job less and he is not in a position to pay the said maintenance.

Learned AGA on the other hand submits that there happens to be a categorical finding recorded in the order impugned which has been passed after hearing the parties and further the opposite party no.2 is living with two children in her maternal house and award of maintenance to the tune of Rs.4000/- cannot said to be on higher side.

Having heard the learned counsel for the parties and I am of the

opinion that categorical finding of fact has already been recorded that the applicant is skilled mason and further once it has come on record that the opposite party no.2 is living in her maternal house along with two children then the applicant cannot evade its responsibility and shrink from maintaining the wife particularly when it is highly improbable and inconceivable that a married person may not be working as it is not a case wherein there is any ground of disability.

In view of above, the present application under section 482 Cr.P.C. stands consigned to record .

Order Date :- 19.2.2025 piyush

Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad