Allahabad High Court
Jai Narayan Kasaudhan vs State Of U.P. And Another on 7 July, 2020
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- APPLICATION U/S 482 No. - 10287 of 2020 Applicant :- Jai Narayan Kasaudhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Execution Case No. 248 of 2017 (Smt. Neelam Kasaudhan Vs. Jai Narayan Kasaudhan), arising out of Case No. 296 of 2012, under Section- 128 Cr.P.C., pending in the court of Principal Judge, Family Court II, Gorakhpur.
It has been submitted by the learned counsel for the applicant that marriage of opposite party no. 2 was solemnized with the applicant in the year 2010. Since, the applicant demanded dowry therefore, relations between the two became strained and opposite party no. 2 left the applicant's house. Thereafter, opposite party no. 2 filed an application for maintenance under Section 125 Cr.P.C. before the Additional Civil Judge/Family Court (FTC) II, Gorakhpur and the same has been decided ex parte on 28.06.2017 directing the applicant to pay an amount of Rs.2500/- per month to the opposite party no. 2 as maintenance from the date of order. Since, the Family Court has proceeded ex parte therefore, on 13.04.2018, application was moved under Section 126 Cr.P.C. by the applicant with a prayer to recall the ex parte order dated 28.06.2017. However, opposite party no. 2 has also filed an application under Section 128 Cr.P.C. on 21.12.2017 for execution of the order dated 28.06.2017. Learned counsel for the applicant has made a prayer that the application of the applicant under Section 126 Cr.P.C. for recalling the ex parte order dated 28.06.2017 may be decided as early as possible.
Learned A.G.A. has opposed the contention raised by the learned counsel for the applicant stating therein that the application for execution of the order dated 28.06.2017 has been moved prior to the recall application moved by the applicant. However, in case the applicant is ready to pay the amount as directed by order dated 28.06.2017, his prayer can be considered.
In view of the facts and circumstances stated above, the court of Principal Judge, Family Court II, Gorakhpur is directed to decide the application being Case No. 23 of 2018 (Jai Narayan Kasaudhan Vs. Smt. Neelam Kasaudhan), preferably, within a period of four months from today, in case, the applicant deposits an amount of Rs.50,000/- within a period of two months from today and regularly pays Rs.2500/- per month to the opposite party no. 2 on or before the 10th day of every calender month, from July, 2020, onwards.
In case, the amount directed is not deposited by the applicant, the court concerned may proceed with the recovery of awarded amount in Execution Case No. 248 of 2017 arising out of Case No. 296 of 2012, under Section 128 Cr.P.C.
With the aforesaid direction, this application stands disposed of.
Order Date :- 7.7.2020 Priya