Neutral Citation No. - 2025:AHC:78444 Court No. - 87 Case :- APPLICATION U/S 482 No. - 35335 of 2024 Applicant :- Munna Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adarsh Dwivedi,Devdatt,Mayank Krishna S Chandel Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. None appears on behalf of the applicant to press this application even in revised call. 2. Learned AGA is present on behalf of the State. 3. Perused the record. 4. The instant application under Section 482 Cr.P.C. has been filed for quashing the order dated 02.07.2024 passed by Principal Judge Family Court, Chitrakoot in Case No. 311 of 2023 (Smt. Neeta Devi Vs. Munna Yadav) under Section 125 Cr.P.C., Police Station Sardhuwa, District Chitrakoot. 5. This matter was referred for mediation vide order dated 22.10.2024, however, the report submitted by the Mediation Center shows that the applicant did not deposit the mediation fee and enjoying the stay order. 6. It is a clear case where the applicant inspite of order dated 02.07.2024 passed in the proceeding under Section 125 Cr.P.C. had not intention of paying the maintenance to his wife and when on his request the matter was referred for mediation, he again defaulted in making the payment. 7. Learned A.G.A. contends that there is no illegality, impropriety or infirmity in the order passed by the court below, hence, no interference is required by this Court in the impugned order. He further pointed out that till date the applicant has not paid the maintenance amount and has preferred the instant application before this Court with sole intention to delay or avoid the payment of maintenance amount. 8.To buttress his argument, learned A.G.A. has placed reliance on a judgment passed by Hon'ble Supreme Court in Bhuwan Mohan Singh vs Meena & Ors, AIR 2014 Supreme Court 2875 wherein the Court has held that Section 125 Cr.P.C. was conceived to ensure that a woman, who has left or thrown out of matrimonial house, can sustain herself and her children. The Court further held that concept of sustenance does not necessarily mean "to lead the life of an animal", rather the wife would be entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. 9. On perusal of the impugned order, it transpires that the court has returned a specific finding that the applicant has failed to produce any document showing that he has ever made payment of the maintenance amount awarded by the court below to his wife. I find that the court below has not committed any illegality while passing the impugned order. 10. In view of aforesaid proposition of law laid down by Hon'ble Apex Court and the facts and circumstances of the case, I find that filing of this application is nothing but pure abuse of process of law and there is no merit in this application as the same has been filed just to delay the payment of maintenance amount to the wife/O.P. no.2. 11. The instant application is, accordingly, dismissed with costs of Rs.10,000/- to be paid to opposite party no.2 within a period of one month. Order Date :- 13.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad