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2024 DAILYLAW 2979 (ALL)

SANJAY v. STATE OF U.P. AND ANOTHER

A482/7414/2024 · 2026-05-04

Deepak Verma

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 7414 of 2024 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 06.11.2023 passed by the Judicial Officer, Pindra, Varanasi as well as the order dated 20.10.2014 passed by the Additional Chief Judicial Magistrate, Court No. 8, Varanasi in Complaint Case No. 4618 of 2012 (Smt. Mamta Vs. Sanjay & Others), under Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, Police Station-Phoolpur, District-Varanasi, pending in the Court at Pindra, District-Varanasi. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that opposite party no.2 is the legally wedded wife of the applicant, who initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act. Notice was issued to the applicant, however, he did not appear before the trial court and consequently the proceedings were decided ex parte vide order dated 20.10.2014, whereby maintenance and other reliefs were granted in favour of opposite party no.2. Thereafter, the applicant filed an application for recall of the ex parte order dated 20.10.2014. The said recall application was rejected by the learned Magistrate vide order dated 06.11.2023. 4. This Court, vide order dated 10.04.2024, directed the applicant to deposit a sum of Rs.1,55,000/- within two weeks, out of which Rs.1,50,000/- was to be paid to opposite party no.2 and Rs.5,000/- Versus Counsel for Applicant(s) : Majahar Ali, Sushma Devi Counsel for Opposite Party(s) : G.A. Sanjay .....Applicant(s) State of U.P. and Another .....Opposite Party(s) towards mediation expenses. Pursuant thereto, the parties appeared before the Mediation and Conciliation Centre; however, no settlement could be arrived at between them. As per the report dated 18.12.2024 submitted by the Mediation and Conciliation Centre, the mediation proceedings have failed. By means of the order dated 20.10.2014, the court below directed the applicant to pay a sum of Rs.3,500/- per month to opposite party no.2 towards maintenance. 5. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the record, this Court finds no illegality or perversity in the impugned orders passed by the courts below. Opposite party no.2 is the legally wedded wife of the applicant and it appears that she has been deserted by him. The learned Magistrate has rightly allowed the maintenance application and awarded a sum of Rs.3,500/- per month in favour of opposite party no.2. No interference is warranted by this Court in exercise of powers under Section 482 Cr.P.C. 6. Accordingly, the present application, being devoid of merits, is hereby dismissed. 7. The applicant is directed to regularly pay the maintenance amount to opposite party no.2 in terms of the order passed by the court below. May 5, 2026 KJ A482 No. 7414 of 2024 2 (Deepak Verma,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad