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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 19398 of 2024 Court No. - 83 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Shri Vikas Tiwari, Learned counsel for the applicant and Shri Jai Singh Parihar, Learned counsel for the opposite party No.2. 2. The present Application U/s 482 Cr.P.C. is being disposed off with the consent of the parties on the following terms:- 'It has been agreed between the parties that the applicant shall pay Rs.8,000/- per month as interim maintenance to the opposite party No.2. The applicant shall also hand over a draft of Rs.1 Lakh, which has been produced by the Learned counsel for the applicant in Court today to the Learned counsel for the opposite party Nos.2 and 3. The applicant shall further deposit a draft of Rs.1 Lakh drawn in favour of the opposite party No.2 within two months from today, failing which this order shall stand automatically vacated and the Application will be deemed to have been dismissed without any further reference to the Bench.'
3. On the terms so fixed above, Shri Jai Singh Parihar, Learned counsel for the opposite party Nos.2 and 3 contends that he would not have any objection to the final ex-parte order of maintenance passed by the Court concerned being set aside and the matter be decided afresh. He contends that the Court may fix a specific time period for the decision of the application as the matter has been pending since 2023. 4. In the light of these submissions and the conditions that have been accepted by the applicant mentioned above, the impugned order dated Versus Counsel for Applicant(s) : Vikas Tiwari Counsel for Opposite Party(s) : G.A., Jai Singh Parihar Mohd Ayyub Siddiqui .....Applicant(s) State Of Up 2 Others .....Opposite Party(s)
07.05.2024 passed in Criminal Misc. Case No.1039 of 2023 (Mohd. Ayyub Siddiqui vs. Smt. Gajala and another) is set aside. The applicant shall make the deposits as mentioned above and continue to pay the amount of interim maintenance agreed till the conclusion of the proceedings before the Learned Principal Judge, Family Court, Jhansi. The proceeding under Section 125 Cr.P.C. shall be brought to its logical conclusion within a period of six months, without granting any unnecessary adjournments to either of the parties. The copy of this order shall be produced before the concerned Court within a period of two weeks from today. 5.
The amount of interim maintenance fixed above is only as an interim measure and shall not be in any way treated to be an adjudication on the status/capacity of the parties. The Learned Principal Judge, Family Court, Jhansi shall be free to pass appropriate orders granting or refusing maintenance or determining the quantum thereof in accordance with law without being influenced by any observations made in this order. 6. With these observations and directions as mentioned above, the Application under Section 482 Cr.P.C. is disposed off. October 29, 2025 A. Pandey A482 No. 19398 of 2024 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad