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Neutral Citation No. - 2025:AHC:114209 HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.) Court No. - 78 Case :- APPLICATION U/S 482 No. - 24030 of 2024 Applicant :- Nishant Payal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Mayank Pandey holding brief of Shri Abhishek Tiwari, learned counsel for the applicant and Shri Om Prakash Mishra, learned A.G.A. for the State.
2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the order dated 21.12.2023 passed by the Principal Judge, Family Court, Ghaziabad in Criminal Misc. Case No. 470 of 2023 (Smt. Chanchal Chaudhary andanother Vs. Nishant Payal) under section 125 Cr.P.C. police station Kavi Nagar, Ghaziabad.
3. Learned counsel for the applicant submits that the applicant is a police constable and as per his written statement filed by him before the trial court his total monthly income is Rs.20,000/- only and the trial court has wrongly awarded Rs.8,000/- as maintenance to the opposite parties i.e. wife and daughter of the applicant.
4. Without entering into the merits of the case, since it is not dispute that opposite parties no. 2 and 3 are the wife and daughter of the applicant respectively and the applicant has already filed a written statement before the trial court and final order of maintenance is yet to be passed, therefore, this court do not find it appropriate to interfere with the order granting interim maintenance passed by the Principal Judge, Family Court, specifically, in view of the fact that the applicant has remedy to contest the proceedings on merits and final order shall be passed after hearing the parties.
5. In view of the above, the instant application is dismissed. Order Date :- 15.7.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad