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Neutral Citation No. - 2025:AHC:31654 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 4716 of 2025 Applicant :- Vidhyaram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nirbhay Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Nirbhay Kumar, learned counsel for the applicant and Ms. Harshita Rani, learned A.G.A. for State and perused the record.
2. The instant application has been filed by applicant to quash the recovery warrant dated 13.08.2024 issued by learned Civil Judge (J.D.)/F.T.C./Crime Against Women in the Execution Case No. 23 of 2024, arising out of Case No. 18/2021, under Section 12 of the Domestic Violence Act, P.S.- Puranpur, District- Pilibhit, pending in the court of Civil Judge (J.D.)/F.T.C./Crime Against Women, Pilibhit.
3. The contention of the learned counsel for the applicant is that in pursuance of the ex parte order dated 28.10.2023 passed under Section 12 of Domestic Violence Act, the impugned recovery warrant has been issued to recover the arrears of maintenance including the compensation of Rs. 25,000/-. It is further submitted that if the applicant is given reasonable time, he will deposit the entire amount before the court below.
4. In view of aforesaid submission, this application is disposed of with direction that if applicant deposits Rs. 50,000/- within a period of 15 days, the recovery warrant against the applicant shall remain stayed for a period of one month against recovery issued in
pursuance of the order dated 28.10.2023 and in case the applicant further deposits Rs. 55,000/- within next one month then the operation of order dated 28.10.2023 shall remain stayed for further one month to enable the applicant to deposit the remaining amount in pursuance of the recovery warrant.
5. It is made clear that in default of payment made by the applicant, court below is free to proceed against the applicant and interim order granted by this Court, shall automatically vacated. Order Date :- 5.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad