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2025 DAILYLAW 113277 (ALL)

VIKAS GANDHI v. STATE OF U.P. AND ANOTHER

A482/44441/2024 · 2025-08-21

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145404 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 14) Court No. - 78 Case :- APPLICATION U/S 482 No. - 44441 of 2024 Applicant :- Vikas Gandhi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- Ajay Kumar Pandey,G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Shams Uz Zaman, learned counsel for the applicant, Sri Ajay Kumar Pandey, learned counsel for the opposite party no. 2 and Sri Vijay Rathi, 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 5.12.2024 passed by the Principal Judge, Family Court, Meerut in Case No. 279 of 2023 (Vikas Gandhi vs. Akansha Gandhi) under Section 126(2) Cr.P.C., Police Station-Lalkurti, District-Meerut. 3. Learned counsel for the applicant submits that the opposite party no. 2 is the wife of the applicant. There was a matrimonial dispute due to which an application under Section 125 Cr.P.C. was filed by the opposite party no. 2 which has been allowed vide ex parte order dated 27.6.2023 awarding maintenance at the rate of Rs. 10,000/- per month to the opposite party no. 2 from the date of application i.e. 28.3.2022. Subsequent thereto, the applicant herein has filed an application under Section 126(2) Cr.P.C. which has been allowed vide impugned order dated 5.12.2024 subject to payment of cost of Rs. 10,000/- and payment of interim maintenance at the rate of Rs. 6,000/- per month from the date of order till the final disposal of the application under Section 125 Cr.P.C. on merits. 4. The applicant is aggrieved by the condition of interim maintenance imposed by the family court in the impugned order dated 5.12.2024. Learned counsel for the applicant submits that subsequent thereto the applicant has already complied with the impugned order and the proceedings under Section 125 Cr.P.C. have already proceeded. 5. In view thereof and specifically looking at the meagre amount of interim maintenance awarded by the family court, this Court do not find any illegality or unreasonable condition imposed upon the applicant. Thus, this Court do not find any good reason to entertain the instant application. 6. Accordingly, the instant application is dismissed. Date :- 22.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad