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2025 DAILYLAW 11624 (ALL)

INDRADEV v. STATE OF U.P. AND 3 OTHERS

A482/2853/2025 · 2025-05-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74624 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2853 of 2025 Applicant :- Indradev Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kripa Shanker Mishra,Shashikant Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section - 482 Cr.P.C. has been preferred against order dated 09.01.2025, passed by the learned Principal Judge, Family Court , Shamli at Kairana in Case No. 109 of 2022 (Smt. Priya Vs. Indradev Verma), under Section - 125 Cr.P.C., whereby the application filed by the applicant to recall the order dated 09.01.2025 has been rejected. 3. Learned counsel for the applicant submitted that impugned order is against facts and law and thus, liable to be set aside. It was submitted that applicant wants to keep the opposite party No.2 to 4 (wife and children) with him and thus, the matter may be referred for mediation. It was submitted that in the interest of justice, matter may be referred to Mediation Centre of this Court for mediation. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. Perusal of record shows that the opposite part no.2 is wife of applicant and opposite party No. 3 and 4 are their children. Opposite party No.2 to 4 have filed the aforesaid case under Section - 125 Cr.P.C. in the year 2022. On perusal of impugned order it appears that sufficient opportunity has been provided by the Family Court to the applicant to cross examine the witness and ultimately the opportunity of cross-examination was closed. When the case was fixed for final arguments, an application was moved on behalf of the applicant to recall the order dated 09.01.2025, whereby the opportunity of cross examination was closed. Learned Family Court has observed that despite sufficient opportunities, the applicant did not cross examine the witness and the application was moved with intention to delay the proceedings. No material illegality or perversity could be shown in the impugned order. There is nothing to show that there has been any abuse of the process of Court or the impugned order has resulted into miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 482 Cr.P.C. The application under Section - 482 Cr.P.C. lacks merit and thus liable to be dismissed. 7. Accordingly, the application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 8.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad