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Neutral Citation No. - 2025:AHC:146147 Court No. - 91 Case :- CRIMINAL REVISION No. - 1641 of 2024 Revisionist :- Smt Rajrani Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Saif Ali Counsel for Opposite Party :- G.A. Hon'ble Harvir Singh,J.
1. List has been revised. None appeared on behalf of the opposite party no. 2 even in revised call. 2. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record. 3. The present criminal revision has been filed by the revisionist against the judgment and order dated 06.02.2023 passed by learned Additional Principal Judge, Family Court, Court No. 3, Aligarh. By the said order dated 06.02.2023, application of the revisionist filed under Section 128 Cr.P.C. has been dismissed. 4. Learned counsel for the revisionist has submitted that the opposite party no. 2 was required to pay additional amount of money/compensation on account of some matrimonial discord between the parties. However, only a sum of Rs. 45,000/- has been paid and the matter has been settled forever. He further submitted that order dated 06.02.2023 is illegal, arbitrary and has been passed contrary to the facts and evidence on record, as much as an outstanding amount of Rs. 3,33,000/- was yet to be paid by the opposite party no. 2 which is as per the application submitted on dated 15.10.2019. 5. On the other hand, learned A.G.A. appearing on behalf of the State has submitted that, so far as order dated 06.02.2023 is concerned the same has been passed pursuant to the order dated 23.05.2008 passed by learned Judicial Magistrate, Court No. 3 Aligarh. By the said order dated 23.05.2008 passed by learned Judicial Magistrate, Court No. 3 Aligarh, it has been stated that the revisionist received a sum of Rs. 45,000/- as a full and final payment and the revisionist as per her own volition and voluntary acceptance decided not to continue with the case for grant of maintenance. The said judicial order was passed in the presence of
both the parties, wherein the issue of grant of maintenance has come to an end. He has further submitted that so far as order dated 23.05.2008 is concerned the same is still in existence and has not yet been challenged in any appropriate forum.
He has next submitted that if the revisionist was so aggrieved, she would have challenged the order dated 23.05.2008 by taking appropriate legal remedy in accordance with law. Since the order dated 23.05.2008 still exists. No infirmity can be found in the order dated 06.02.2023 which is under challenge and if the present order is based on dated 23.05.2008 then both orders were required to be challenged in accordance with law. Hence it is prayed that the present revision being devoid of merit is liable to be dismissed. 6. After having heard the rival submissions made by learned counsel for the parties and the material available on record this Court finds that the impugned order is perfectly valid and in accordance with law, hence no interference is required by this Court. 7. The present revision lacks merits and is accordingly dismissed. Order Date :- 23.8.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad