Gufran Khan Vs State of U.P. Thru. Secy. Deptt. of… — Maintenance and Alimony | Allahabad HC (2025)

Gufran Khan Vs State of U.P. Thru. Secy. Deptt. of… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim directions only; merits of the criminal revision not decided: (i) District Magistrate, Sultanpur to inquire through an officer into the financial status of the revisionist and his family, including assets and liabilities, within ten days and report to the Court by the next date; (ii) matter listed for 17.11.2025 with the revisionist and Opposite Party No. 2 to remain present in person; (iii) Registrar (Compliance) to inform the District Magistrate, Sultanpur about the order alongwith details of the parties.

Issue for consideration

Whether the revisionist and his family possess sufficient financial resources to enable him to pay Rs. 1,25,000/- to Opposite Party No. 2 for exploring an amicable settlement, in view of his plea that he is an unemployed student without means.

Court's answer

Having examined the revisionist at length, the Court found that his answers to its queries create serious doubt and that it is very hard to believe that he is an unemployed youth and that neither he nor his family possess requisite financial resources.

Ratio / Principle

The Court directed the District Magistrate, Sultanpur to conduct an inquiry, through some officer, into the financial status of the revisionist and his family, including assets and liabilities, within ten days from that date and to submit a report before the Court by the next date.

Key takeaways

The Court ordered the matter to be listed on 17.11.2025 and directed that on the next date the revisionist as well as Opposite Party No. 2 shall both remain present before the Court.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 27, Criminal Revision No. 1092 of 2025 — Gufran Khan v. State of U.P. Thru. Secy. Deptt. Of Home, Lucknow & Anr.; order dated 04.11.2025 by Manjive Shukla, J. Interim order in a criminal revision connected with proceedings on Opposite Party No. 2's application under Section 125 Cr.P.C., in which she had asserted that the revisionist and his family carry on business at Mumbai and are well-off. Following counsel's undertaking of 24.09.2025 that the revisionist would furnish a Demand Draft/Bank Draft of Rs. 1,25,000/- in favour of Opposite Party No. 2 to explore amicable settlement, the revisionist, present in person, pleaded that he is a student and that neither he nor his family possess the means to pay. On lengthy personal examination the Court found his answers created serious doubt and that it was hard to believe he is an unemployed youth without family resources. Accordingly, the Court directed the District Magistrate, Sultanpur to inquire, through an officer, into the financial status of the revisionist and his family, including assets and liabilities, within ten days and report by the next date; matter listed for 17.11.2025 with both parties to appear in person; Registrar (Compliance) to communicate the order with party details to the District Magistrate, Sultanpur. The revision itself was left undecided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 1092 of 2025

Gufran Khan

.....Revisionist(s)

Versus

State Of U.P. Thru. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s)

Counsel for Revisionist(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A., Ravindra Pandey

Court No. - 27

HON'BLE MANJIVE SHUKLA, J.

In compliance of this Court's order dated 29.10.2025, the revisionist and Opposite Party No.2, both are present before this Court in person.

It is apparent that learned counsel appearing for the revisionist had given an undertaking before this Court on 24.09.2025 that the revisionist shall place before this Court a Demand Draft/Bank Draft of Rs. 1,25,000/issued in favour of Opposite Party no.2 so that the possibility of amicable settlement of the dispute between the parties may be explored.

Today, the revisionist who is present before this Court in person, submits that he does not have even a single rupee therefore, he is not in position to place before this Court the aforesaid Demand Draft of Rs. 1,25,000/-. He further submits that he is only a student and as on date, neither he nor his family possess sufficient financial resources, so that he may pay Rs. 1,25,000/- to Opposite Party No.2, so that the mediation proceedings amongst the parties may be carried out.

I have gone through of the contents of the order impugned in this criminal revision and had found that Opposite Party No.2, in her application filed under Section 125 Cr.P.C., had categorically stated that the revisionist and his family is carrying out some business at Mumbai and he is a well of person.

I further find that since Opposite Party No. 2 could not lay down her

CRLR No. 1092 of 2025

2

hands to the documents relating to the business of the revisionist and his family, therefore, she could not submit the said documents before the trial court.

This Court has examined the revisionist at quite length and his answers to the queries raised by the Court creates serious doubt and it is very hard to believe that he is an unemployed youth and neither he nor his family possess requisite financial resources.

In the aforesaid circumstances, I hereby direct the District Magistrate, Sultanpur to conduct an inquiry though some officer in respect of the financial status of the revisionist and his family, including the assets and liabilities, within a period of ten days from today and to submit a report before this Court by the next date.

List this matter on 17.11.2025.

On the next date, the revisionist as well as Opposite Party No.2, both shall remain present before this Court.

The Registrar compliance of this Court is directed to inform about this order alongwith details of the parties to the District Magistrate, Sultanpur for compliance of the order.

(Manjive Shukla,J.)

November 4, 2025 Satish

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench