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2025 DAILYLAW 113242 (ALL)

CHETAN v. STATE OF U.P. AND ANOTHER

A482/44445/2024 · 2025-08-21

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145387 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 15) Court No. - 78 Case :- APPLICATION U/S 482 No. - 44445 of 2024 Applicant :- Chetan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Mosis Das, Advocate holding brief of Sri Syed Ali Imam, learned counsel for the applicant and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 9.2.2023 passed by Principal Judge, Family Court, Gautam Budh Nagar, by which interim maintenance has been awarded in favour of opposite party no. 2 under Section 125 Cr.P.C. in Misc. Case No. 352 of 2021 (Smt. Shewta vs. Chetan), Police Station-Sector 39, Noida, District Gautam Budh Nagar. 3. By the impugned order dated 9.2.2023 an interim maintenance at the rate of Rs. 10,000/- per month has been awarded to the opposite party no. 2. The proceedings under Section 125 Cr.P.C. is still pending wherein the applicant has full opportunity to contest the case on merits. It is admitted by learned counsel for the applicant that his salary is Rs. 34,000/- per month. In view thereof, this Court do not find any illegality in the interim maintenance awarded by the Family Court, Gautam Budh Nagar. 4. At this stage, learned counsel for the applicant submits that the matter may be referred to the Mediation Centre so that the parties can settle their dispute amicably. 5. Since this Court has already declined to interfere with the impugned order, no fruitful purpose would be served by keeping the instant application pending, specifically when the main proceedings are still pending before the Family Court, Gautam Budh Nagar. Thus, the instant application is disposed of with a direction that subject to deposit of the entire arrears of maintenance by the applicant, if a request is made on behalf of applicant to refer the matter for mediation, the said request shall be accorded by the Family Court. Order Date :- 22.8.2025 Kirti (Anish Kumar Gupta, J.) A482 No. 44445 of 2024 2 Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad