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2025 DAILYLAW 105356 (ALL)

ABHINAV KUMAR v. State of U.P. AND ANOTHER

CRLR/5520/2024 · 2025-09-10

Madan Pal Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5520 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard Shri Vidya Prakash Singh, learned counsel for the revisionist, Shri Ramesh Kumar Pandey, learned counsel for the opposite party no.2 as well as learned AGA for the State-opposite party no.1 and perused the record. 2. The instant criminal revision is directed against the order dated 13.09.2024 passed by Special Additional District and Session Judge/Fast Track Court No.2, Ghaziabad in Criminal Misc. Case No. 490 of 2023 (Abhinav Kumar Vs. Ankita Srivastava and others) whereby delay condonation application filed by the revisionist in the appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005, has been rejected as well as judgment and order 30.03.2022 passed by Civil Judge (JD.)/FTC-1, Ghaziabad in Complaint Case No. 399 of 2020 (Ankita Srivastava Vs. Abhinav Kumar and others), whereby the revisionist was directed to pay Rs.1,00,000/- to the opposite party no.2 as compensation for mental harassment and agony and further directed to pay Rs.10,000/- per month as house rent regularly. 3. Learned counsel for the revisionist states that the opposite party no.2 had filed divorce case under Section 12(1)(c) of the Hindu Marriage Act, which was allowed vide order dated 30.05.2022 passed by the Additional Principal Judge, Family Court-Vth, Ghaziabad. He further states that since there is no relationship between the parties as husband and wife from the date of passing of the order dated 30.05.2022, therefore, the revisionist is liable to pay the amount of Rs.1,20,000/- only as compensation for mental harassment and agony i.e. from the date of order dated 30.03.2022 upto the Versus Counsel for Revisionist(s) : Vidya Prakash Singh Counsel for Opposite Party(s) : G.A., Ramesh Kumar Pandey Abhinav Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) date of the order dated 30.05.2022 on which the decree of divorce was passed. The tenor of the learned counsel for the revisionist is that he is liable to pay only Rs.1,20,000/-. 4. Today, in compliance with the order dated 02.09.2025, learned counsel for the revisionist has handed over a bank draft/cheque of DCB Bank Limited, prepared in the name of Ankita Shrivastava-opposite party no.2, bearing No.557165 amounting to Rs.1,20,000/- as compensation for mental harassment and agony to the learned counsel for the opposite party no.2 for the period from the date of order dated 30.03.2022 upto the date of the order dated 30.05.2022 on which the decree of divorce was passed. 5. Learned counsel for the opposite party no.2 assures that he will hand over the same to the opposite party no.2. 6. In view of above facts and circumstances, now nothing remains to be adjudicated upon in between the parties because the divorce has already taken place vide order dated 30.05.2022 passed by the Additional Principal Judge, Family Court-Vth, Ghaziabad and the parties are also living separately since the date of the passing of the divorce decree, therefore, no purpose would be served in keeping this revision pending. 7. With the above observations, the instant revision is disposed of. September 11, 2025 Prajapati RK CRLR No. 5520 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad