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Neutral Citation No. - 2025:AHC:54949 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12302 of 2025 Applicant :- Shashi Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ken Singh, learned counsel for the applicant as well as Sri S.K. learned AGA for the State. 2. This is an application U/s 528 BNSS has been filed for quashing the judgment and order dated 03.04.2023 passed by Additional Sessions Judge court no.1 Agra in criminal appeal no. 132 of 2022 (Smt. Babita vs. Shashi Kumar) under Section 12 of Protection of Women from Domestic Violence Act, P.S. Chhatta District Agra and order dated 15.10.2022 passed by Judicial Magistrate/ Civil Judge (JD) FTC in complaint case no. 337 of 2021 as well as recovery order dated 31.01.2025 issued by Additional Civil Judge (J.D.), Agra. 3. Learned counsel for the applicant has submitted that the marriage of the applicant stood solemnized with opposite party no.2 on 02.07.2017. The opposite party no.2 preferred a proceeding under Section 12 of Domestic Violence Act. Pursuant whereto an order came to be passed by the court of Civil Judge (J.D.)/ FTC awarded interim maintenance of Rs. 4000/- per month. The said order was challenged by the opposite party no. 2 in an criminal appeal no. 132 of 2022 wherein the order dated 15.10.2022 was modified on 03.04.2023 while directing that the opposite party no.2 is entitled to the saie amount of Rs. 4000/- per month from the date of application and not from the order. Thereafter, a recovery order dated 31.01.2025 has been passed by the Additional Civil Judge (J.D)/FTC-I, Agra. Learned counsel for the applicant submitted that the applicant is a poor person and he is not in a position to pay the said amount. 6. Learned AGA on the other hand has opposed the arguments of counsel for the applicant. 7. Having heard the submissions so made across the bar, the sole question which arises for determination is the extent of judicial intervention at this stage. Apparently, nothing has been argued to show that there happens to be no jurisdictional error committed by the court below and further, there is no challenge to the finding in the entire application.
Even otherwise, I have find that the compensation which has been accorded by the court below is not so excessive so as to no warrant to interfere in the present proceedings. Accordingly, the present application is hereby rejected and is consigned to record. Order Date :- 15.4.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad