Manish Kumar Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 5873 of 2025

Manish Kumar Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Aishwarya Pratap Singh, Aakanksha Shah Counsel for Opposite Party(s) : G.A., Prachish Pandey

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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1. Heard Sri Aishwarya Pratap Singh, learned counsel for the applicant, Sri Prachish Pandey, learned counsel for the private respondent and Sri Jaskaran Lal Maurya, learned A.G.A. for the State.

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2. The present application is filed with the prayer to quash the order dated 1.9.2018, N.B.W. dated 17.5.2025 and 27.5.2025 and all consequential proceedings in the complaint case no.775 of 2016 pending in the court of Additional Chief Judicial Magistrate I, Lucknow as 'Mayurika Singh & Anr. Vs. Manish Kumar Singh & Ors.' under Section 12 of Domestic Violence Act pending against the applicant and his family members.

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3. Learned counsel for the applicant submits that counsel appearing on behalf of the applicant before the court below but recovery warrant as well as non bailable warrant was issued on 17.4.2025 & 27.5.2025. He also submits that complainant got ex-parte interim order of maintenance vide order dated 1.9.2018 from the court below but the same could not be complied because applicant was on ship, thereafter, due amount was given to the respondent no.2 in cash on several dates, i.e., Rs. 1,00,000/- on 9.7.2024, Rs.20,000/- on 28.8.2024, Rs.10,000/- on 10.10.2024 & Rs.3,00,000/- on 13.11.2024

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A482 No. 5873 of 2025

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through cheque. He also submits that Rs.14,20,000/- was deposited before the Mediation and Conciliation Center of this Court, out of which, Rs.7,10,000/- has already been received by the private respondent and Rs.7,10,000/- is still in the account of the Mediation and Conciliation Center of this Court.

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4. Learned counsel for the applicant further submits that Rs.1,00,000/- in cash is also given to the respondent no.2 on 5.1.2026 before the court below. He also submits that in pursuance of the order dated 9.1.2018, there is no due amount upto December, 2025 and the amount of maintenance for the month of January, 2026, will be deposited in the account of the private respondent on the due date, therefore, recovery warrant as well as N.B.W. issued against the applicant has lost it efficacy and liable to be set aside.

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5. Learned counsel for the private respondent submits that applicant is deliberately avoided the proceeding and making payment of the interim maintenance in terms of order dated 9.1.2018 but he does not dispute the fact that applicant started making payment of interim maintenance since 9.7.2024.

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6. Considering the submissions of learned counsel for the applicant, learned counsel for the private respondent, learned A.G.A. as well as going through the contents of the application and other relevant documents, it is evident that all the due amount has already been given to the private respondent either through Mediation and Conciliation Center of this Court or by cash. It is also evident that Rs.14,20,000/- was deposited by the applicant before the Mediation and Conciliation Center of this Court and matter was sent for the mediation center but same could not be succeeded and Rs.7,10,000/has already been given to the private respondent and rest is lying before the account of Mediation and Conciliation Center of this Court, therefore, recovery warrant as well as non bailable warrant issued against the applicant is liable to be set aside.

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7. In view of the above, the present application is allowed by setting aside the orders dated 17.4.2025 as well as 27.5.2025 with the direction to the In-charge, Mediation and Conciliation Center of this

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A482 No. 5873 of 2025

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Court to release the amount, i.e., Rs.7,10,000/- in favour of the private respondent, forthwith.

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8. In future, the amount of interim maintenance in terms of the order dated 9.1.2018 be paid to the respondent no.2, namely, Mayurika Singh in her A/c No.0294000101072213 (I.F.S.C. Code PUNB0029400).

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(Rajeev Singh,J.)

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January 14, 2026 GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Manish Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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Manish Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

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