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2025 DAILYLAW 103627 (ALL)

NARENDRA KUSHWAHA v. STATE OF U.P. AND 2 OTHERS

CRLR/5184/2024 · 2025-05-22

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87858 Court No. - 79 Case :- CRIMINAL REVISION No. - 5184 of 2024 Revisionist :- Narendra Kushwaha Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Shyam Sunder Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and quash/set aside the judgment and order dated 29.08.2024 passed by learned Principal Judge, Family Court, Ghazipur, in Criminal Misc. Case No. 2104 of 2014, CNR No. UPGH020001342014 (Smt. Mahima Devi and another Vs. Narendra Kushwah) under Section 125 Cr.P.C., Police Station Mardah, District Ghazipur. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 was wife of the revisionist and opposite party no. 3 was minor daughter. He further submits that opposite party no. 2 left his house and entered into marriage with other person even though she filed an application for maintenance under Section 125 Cr.P.C. which was decided ex-parte by order dated 29.08.2024 by the learned trial court. He further submits that there was compromise between the parties but the revisionist failed to make payment of amount in terms of the compromise that was the reason compromise was also rejected by the learned trial court, therefore, request to set aside the ex-parte order passed by the learned trial court dated 29.08.2024 and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist has an option to move an application under Section 126(2) Cr.P.C. to avail the remedy. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 29.08.2024 and the provisions as contained under Section 126(2) Cr.P.C. the revisionist has an option to move an application under Section 126(2) Cr.P.C. before the learned trial court which shall be heard and disposed of in accordance with law. Accordingly, this criminal revision is disposed of finally. Order Date :- 23.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad