The single judge dismissed an application filed under Section 482 Cr.P.C. for quashing an interim maintenance order. The court noted that the original Section 125 petition was already decided on merits, making the quashing application moot, especially with neither party present.
The application under Section 482 Cr.P.C. is dismissed.
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C-482 No. 488 of 2010
Hon’ble U.C. Dhyani, J.
None is present either for the applicant or the respondent.
Present application under Section 482 of Cr.P.C. was moved by the applicant on being aggrieved with the impugned order dated 17.04.2010, whereby interim maintenance of Rs. 2,000/- per month was granted in favour of Km. Chesta (respondent herein). It appears that the application under Section 125 of Cr.P.C. itself has been decided by the court concerned on merits, and that is why, none of the parties are present before this Court.
The application under Section 482 of Cr.P.C. is therefore, dismissed.
(U.C. Dhyani, J.) 09.10.2013
HN
3 issues framed by the court
Whether an application for quashing proceedings under Section 482 Cr.P.C., instituted due to an interim maintenance order under Section 125 Cr.P.C., deserves consideration when the Section 125 applica
Whether the application for quashing under Section 482 Cr.P.C. should be allowed.
Whether the presence of parties is required for disposing of the quashing application.
2 provisions across 1 enactments
Applicant
Km. Chesta
U.C. Dhyani
As recorded by the court registry
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