Murshed Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:141074

Court No. - 84

Case :- CRIMINAL REVISION No. - 4493 of 2025

Revisionist :- Murshed Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Abhishe Pandey,Praveen Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record.

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This criminal revision has been filed with prayer to allow the revision and set aside the impugned interim judgment and order dated 10.06.2025 passed by Additional Principal Judge, Family Court No.1, Muzaffarnagar in Case No.1552/11 of 2022 (Smt. Mahroom and others vs. Murshed) under Section 125 Cr.P.C., Police Station Ratanpuri, District Muzaffarnagar by which an order dated 10.06.2025 awarding the interim maintenance of Rs.3000/- was awarded to opposite party no.2 and Rs.2000/- for opposite party no.3, total amount of Rs.5000/- per month as interim maintenance from the date of application i.e. 03.09.2024 and to adjust the other maintenance in this amount, if any.

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It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 & 3 are wife and minor daughter of the revisionist who is living apart from him and filed an application u/s 125 Cr.P.C. with an application for interim maintenance which has been decided by the learned trial court by order dated 10.06.2025 fixing the amount of Rs.3000/- per month in favour of wife and Rs.2000/- per month in favour of minor daughter, total Rs.5000/- per month as interim maintenance from the date of application i.e. 03.09.2024. He further submits that there was a compromise between the parties outside the court in which it was agreed by the parties that the amount of Rs.49,000/was to be given by the revisionist to the wife as the amount of Mehar and maintenance and this amount was given by him through cheque, therefore, the amount so received by the wife be subject to set off or adjustment in the present amount.

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Learned A.G.A. opposed the prayer as aforesaid and contended that the agreement said to be made between the parties outside was

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illegal since it was entered into to defeat the provisions of the law, therefore, it was void and any amount given by the revisionist on such agreement cannot be subject to adjustment in the present amount of maintenance u/s 125 Cr.P.C.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order dated 10.06.2025 passed by the learned trial court, it appears that the application for interim maintenance has been allowed by the learned trial court by order dated 10.06.2025 fixing the amount as aforesaid in favour of wife and minor daughter. It has been mentioned in the para no.4 of the order passed by the learned trial court that a compromise paper no.30kha/2 was filed by the opposite party/husband with an affidavit regarding which pronouncement of talak and payment of Rs.49,000/- through cheque to the opposite party no.2/wife as Mehar and maintenance but it was not accepted by the learned trial court as being against the provisions of Section 28 of Indian Contract Act. In view of this, the amount so paid through compromise by the revisionist in favour of wife cannot be ordered to be adjusted in the present amount of maintenance. In this way, the prayer as made by the learned counsel for the revisionist cannot be accepted.

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Accordingly, this criminal revision is, hereby, dismissed.

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Order Date :- 19.8.2025 Ashok Gupta

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

Murshed v. State of U.P. and 2 Others

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Murshed v. State of U.P. and 2 Others

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