AYUSH GAUTAM AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/34307/2024 · 2025-01-21
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103140 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103140 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:10987 Court No. - 77 Case :- APPLICATION U/S 482 No. - 34307 of 2024 Applicant :- Ayush Gautam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Apoorva Bhatt Counsel for Opposite Party :- G.A.,Garun Pal Singh Hon'ble Arun Kumar Singh Deshwal,J.
1. Learned counsel for the applicants is permitted to correct the array of the parties during the course of the day.
2. Office will also correct the cause title in pursuance of the said amendment.
3. Heard Sri Bharat Singh, Advocate holding brief of Sri Apoorva Bhatt, learned counsel for the applicants, Sri Garun Pal Singh,
learned counsel for opposite party No.2 and Sri Sunil Kr. Kushwaha, learned A.G.A. for the State.
4. The instant application has been filed seeking quashing of the impugned order dated 16.8.2024 passed in Criminal Case No. 176 of 2021 (Smt. Ritu Gautam vs. Rishabh Gautam and others) whereby the application filed u/s 23 Domestic Violence Act was allowed and the applicants were directed to pay a sum of Rs.3,00,000/- to opposite party No.2 as maintenance.
5. At the very outset, learned counsel for opposite party No.2 as well as learned A.G.A. have raised preliminary objection that the impugned order has been passed under Section 23 of the Domestic Violence Act which is appealable under Section 29 of the Domestic Violence Act.
6. At this stage, learned counsel for the applicant submits that he may be permitted to withdraw the application with liberty to file an appeal against the impugned order.
7. Considering the aforesaid request, the application is dismissed as withdrawn with the aforesaid liberty.
Order Date :- 22.1.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad