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2025 DAILYLAW 76418 (ALL)

AJAY v. STATE OF U.P. AND ANOTHER

CRLR/3662/2025 · 2025-08-10

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136160 Court No. - 84 Case :- CRIMINAL REVISION No. - 3662 of 2025 Revisionist :- Ajay Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vikrant Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been moved with prayer to allow the present revision and set aside the impugned judgment and order dated 29.04.2025 passed by the learned Principal Judge, Family Court, Sambhal at Chandausi in Case No.648 of 2023 (Smt. Shipra vs. Ajay) under Section 125 Cr.P.C., Police Station Chandausi, District Smabhal and also prays to stay the effect and operation of impugned judgment and order dated 29.04.2025. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife who is living apart from him without any sufficient cause and moved an application u/s 125 Cr.P.C. which was decided by the learned court by order dated 29.04.2025 fixing the amount of Rs.5000/- per month as maintenance from the date of application. He further submits that a case u/s 12 Protection of Women from Domestic Violence Act was also filed by the opposite party no.2 against the revisionist in which interim maintenance Rs.4000/- per month were fixed as maintenance by order dated 11.10.2022 against which he filed an appeal before the learned court of Session which was also decided on 24.04.2024 by which the appeal was rejected against which he has filed the criminal revision before this Court. He further submits that the amount payable as maintenance in the case u/s 12 Protection of Women from Domestic Violence Act is to be adjusted in the amount of maintenance as directed to be paid by the learned court in the order dated 29.04.2025 but learned trial court has not passed any such direction for adjustment as per the observation made by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324, therefore, request to adjust the amount of maintenance as aforesaid. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the order passed by the learned trial court dated 29.04.2025, in the case of Protection of Women from Domestic Violence Act u/s 12 in which order passed by the learned court of Magistrate dated 11.10.2022 and the order passed by the learned appellate court dated 24.04.2024, it is just and proper to direct the revisionist to approach the learned trial court and file an application for adjustment of amount in both the cases in view of the observations made by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324 and the learned trial court will pass appropriate order. Accordingly, this criminal revision is disposed of. Order Date :- 11.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad