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2025 DAILYLAW 112151 (ALL)

SMT AAKRITI KAUSHIK v. STATE OF U.P. AND ANOTHER

A483/2490/2024 · 2025-04-28

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72845 Court No. - 80 Case :- APPLICATION U/S 483 No. - 2490 of 2024 Applicant :- Smt Aakriti Kaushik Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Chandra,Snehlata Chaudhary Counsel for Opposite Party :- Avanish Kumar Upadhyay,G.A.,Raj Kumar Upadhyay Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 483 Cr.P.C. has been filed with a prayer to direct the Court of Addl. Family Court-I, Meerut to decide the Case No.39 of 2022 (Smt. Aakriti Kaushik Vs. Aman Bhardwaj) under Section 125 Cr.P.C., Police Station Brahmpuri, District Meerut pending before it, expeditiously within a stipulated period. 2. Heard learned counsel for the applicant, learned counsel for the opposite party no.2 as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant is the aggrieved wife. Earlier an order for grant of interim maintenance was passed by the learned court but since it was an ex-parte order, the opposite party no.2 moved an application to recall the same. Due to the non-cooperation on the part of the opposite party no.2, the case is lingering on. It is further submitted that the applicant is a poor lady. She is not getting any maintenance. Hence, a prayer has been made to issue direction to the court concerned for expeditious disposal of the case. 4. It is submitted by the learned counsel for the opposite party no.2 that the applicant / wife herself is not appearing before the court and the application to recall the ex-parte order is pending unnecessarily. 5. These are the cases which require expeditious disposal because the sufferer is a lady almost in all the cases under section 125 Cr.P.C. 6. In the factual matrix of the case and keeping in view the hardship suffered by the applicant / aggrieved wife, the learned Family Court is directed to procure the presence of both the parties and proceed to decide the application for recall of ex-parte order without any unnecessary delay and thereafter make all endeavours for the expeditious disposal of the aforesaid case finally, preferably within a period of six months from today, if there is no legal impediment. It is further directed that no unnecessary adjournment will be sought/granted in the matter by/to either of the parties. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 29.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad