Allahabad High Court
Abhishek Pandey And Another vs State Of U.P. And 2 Others on 28 August, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:173353 Court No. - 89 Case :- APPLICATION U/S 482 No. - 31650 of 2023 Applicant :- Abhishek Pandey And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Tarun Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the orders dated 08.09.2021 and 01.05.2023 passed by learned Principal Family Judge, Fatehpur as well as the entire proceedings of Case No. 99 of 2020 (Kumari Kritika Pandey vs. Dr. Krishna Kumar Pandey), under Section 128 Cr.P.C. pending in the court of learned Principal Family Judge, Fatehpur.
3. Counsel for the applicants submits that the instant application has been filed against the recovery proceedings initiated against the applicants under Section 128 Cr.P.C. The application under Section 125 Cr.P.C. was allowed vide order dated 12.02.2020 against the applicants' father, namely, Krishna Kumar Pandey, who is no more, to give maintenance to claimant no. 2 i.e. Rs.3,000/- per month from the date of filing of application under Section 125 Cr.P.C. Counsel for the applicant further submits that applicants have filed objection but the same has not been considered. Thereafter, proceedings under Section 128 Cr.P.C. have been initiated against the applicants. Applicants have not paid even a single penny to opposite party no. 2 and submits that proceedings have been initiated against Sri Krishna Kumar Pandey, the father of applicants, who is no more and applicants have inherited right over property in question. The proceedings under Section 128 Cr.P.C. cannot be initiated against applicants, as the applicants are brothers of opposite party no. 2.
4. Learned A.G.A. submits that applicants have challenged the recovery proceedings initiated against them, who have inherited right over the property of his father. Application under Section 125 Cr.P.C. was allowed, when their father, Sri Krishna Kumar Pandey was alive. Since, applicants have inherited right over the property in question, hence, they are liable to pay recovery amount issued against their father.
5. Considering the arguments raised by counsel for the applicants and from perusal of entire record, it is apparent that application under Section 125 Cr.P.C. was allowed against father of the applicant, namely, Sri Krishna Kumar Pandey, who is no more and the applicants have to pay the awarded amount to opposite party no. 2, as the applicants have inherited right over the property in question, therefore, liability will rest on applicants to pay the awarded amount to opposite party no. 2. The execution proceedings initiated against applicants, does not require interference of this Court.
6. With the aforesaid observations, the present application 482 Cr.P.C. is dismissed.
7. However, applicants has remedy to raise his objections before the court concerned, which shall be considered by the court concerned while proceedings under Section 128 Cr.P.C.
Order Date :- 28.8.2023 Aditya