SYED MOHD. ARSHAD ZAIDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/6324/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174392 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174392 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6324 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. 2. This application has been filed with the following prayer:-
"To quash the impugned recovery/arrest warrant dated 19.07.2025 issued by Principal Judge, Family Court, Ayodhya in Case No. 397 of 2020 u/s 125 Cr.P.C. along with further proceeding of the aforesaid case."
3. Learned counsel for the applicant submits that marriage of the applicant was solemnised with the respondent no.2. The dispute arose between the husband and wife was resolved in the Mediation and Conciliation Centre of this Court, after that, the respondent no.2 started residing with the applicant along with respondent nos.3 and 4. He further submits that later on, the respondent no.2 left her husband's house and started pursuing the case in question for recovery of interim maintenance. He next submits that the applicant is willing to join the company of his wife. He also submits that the respondent no.3 failed to honour the settlement agreement, which was executed in Mediation and Conciliation Centre of this Court, hence, indulgence of this Court is required. 4. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer of the applicant. They jointly submit that Versus Counsel for Applicant(s) : Mohd. Tariq Khan, Shamshad Ahmad Khan Counsel for Opposite Party(s) : G.A., Akhilesh Kumar Pandey Syed Mohd. Arshad Zaidi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s)
only recovery proceeding has been challenged by the applicant in the present case, but the order passed by Principal Judge, Family Court, by which, interim maintenance was granted vide order dated 08.07.2022 has not been challenged. 5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that earlier, time was granted on the request of the applicant himself for exploring the chances of settlement. However, no initiative has been taken by the applicant. The present case is filed with a prayer for quashing the recovery warrant dated 19.07.2025. The order dated 08.07.2022 passed by Principal Judge, Family Court, by which, interim maintenance was granted, has never been challenged. 6. With the above observations, the application being misconceived is dismissed.
November 20, 2025 Arpan A482 No. 6324 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench