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2025 DAILYLAW 1428 (UTT)

Naresh Kumar v. Smt. Vandana

C482/596/2015 · 2025-05-19

Alok Mahra

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4116 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482/596/2015 Mr. Ashwarya Thapliyal, learned counsel, holding brief of Mr. Abhishek Verma, learned counsel for the applicants. 2. Mr. Akshay Latwal, learned AGA for the State. 3. By means of instant C-482 Petition, applicants seek to quash the order dated 12.11.2014, passed by learned Chief Judicial Magistrate, Haridwar, in Misc. Case No. 155 of 2013, (New No. 123 of 2014) Smt. Vandana vs. Naresh Kumar and others, as well as the order dated 04.04.2015, passed by learned 3rd Additional Sessions Judge, Haridwar in Criminal Appeal No. 164 of 2014, Naresh Kumar and others vs. State & others. 4. Heard learned counsel for the parties and perused the materials available on record. 5. Learned counsel for the applicants submits that on an Interim Maintenance Application, learned Magistrate, Hardiwar passed an ex parte order dated 12.11.2014 directing the respondents (applicants herein) to pay Rs. 5,000/ per month as maintenance. The respondent filed a complaint under Sections 18, 19, 20, 21, 22 and 23 of the Domestic Violence Act, 2005. The Complaint was registered as Misc. Application No. 155 of 2013 Smt. Vandana vs. Naresh Kumar and others. On this complaint, learned Magistrate directed that the respondents (applicant herein) shall pay maintenance of Rs. 5,000/- per month. 2025:UHC:4116 6. Applicant filed a recall application for recall of the order of maintenance dated 12.11.2024, whereby the applicant was directed to comply with the earlier order of maintenance. Appeal filed against the order dated 12.11.2014 was also dismissed by the appellate court. 7. Now, counsel for the applicants submit that the applicants as well as the respondent are living happily together and no dispute remains pending between them. 8. In view of the statements given by learned counsel for the applicants, this petition has become infructuous. 9. Accordingly, present C-482 Petition is dismissed as infructuous. (Alok Mahra, J.) 19.05.2025 Kaushal 2025:UHC:4116 2025:UHC:4116