Neutral Citation No. - 2025:AHC:119541 HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.13) Court No. - 78 Case :- APPLICATION U/S 482 No. - 20243 of 2024 Applicant :- Atish Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- Dharmendra Kumar Dohare,G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Kapil Tyagi, learned counsel for the applicant, Shri Dharmendra Kumar Dohare, learned counsel for the opposite party no. 2 and Shri S.K. Ojha, learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the conditions imposed in impugned order dated 15.5.2024 passed by the Addl. Principal Judge, Family Court No. 4 Ghaziabad in Criminal Case No. 154 of 2023 (Atish Kumar Vs. Smt. Namrata) under section 126(2) Cr.P.C. police station Kavinagar District Ghaziabad arising out of Original Case No. 478 of 2021 (Smt. Namrata Vs. Atish Kumar) under section 125 Cr.P.C. 3. Learned counsel for the applicant submits that the opposite party no. 2 is the wife of the applicant herein and there was a matrimonial dispute. Thereupon an application under section125 Cr.P.C. was filed by the opposite party no. 2 seeking maintenance from the applicant herein. The said application was disposed of finally ex-parte vide order dated 5.1.2023 and an amount of Rs.30,000/- was awarded to the opposite party no. 2 to be paid by the applicant herein. Subsequent thereto an application under section 126(2) Cr.P.C. was filed by the applicant herein, which was allowed with the condition that the applicant shall pay the entire arrears of maintenance which was determined at Rs.6,00,000/- in 12 installment of Rs.50,000/- each and during the pendency of the application the applicant shall continue to pay interim maintenance at the rate of Rs.10,000/- per month. The said order is being challenged in the instant applicant. 4. It is however informed by the learned counsel for the opposite party no. 2 that after the impugned order dated 15.5.2024 the matrimonial dispute has already been referred to the mediation center and the mediation proceedings are still pending. Since by the impugned order dated 15.5.2024 the trial court has already entertained the application under section 126(2) Cr.P.C. filed by the applicant herein and indulgence was granted by directing the applicant to deposit the arrears of maintenance through installment and pay the interim maintenance at the rate of Rs. 10,000/- per month. 5. It is admitted case of the applicant that his earning is more than Rs.50,000/- per month, therefore, there is no illegality in award of interim maintenance of Rs.10,000/- as directed by the family court. Further, since the matter is already pending for final adjudication before the trial court interference with the said order is uncalled for. The amount deposited by the applicant towards interim maintenance and arrears pursuant to the interim order could be adjusted at the time of final order to be passed by the trial court, after considering the defence of the applicant herein. . 6. In view thereof, this court do not find any apparent error or illegality in the impugned order dated 15.5.2024. Accordingly, the instant application is dismissed. Order Date :- 22.7.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad