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Neutral Citation No. - 2025:AHC:60013 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1373 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Kuldeep Kumar Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for opposite party No. 2 and learned A.G.A. for the State.
2. This application u/s 482 Cr.P.C. has been preferred against the
order dated 20.12.2024, passed by learned Additional Principal Judge, Family court No. 2, Meerut as well as for quashing of the entire proceedings of Execution Case No. 78 of 2024, under Section 125(3) Cr.P.C., Police Station Lal Kurti, District Meerut, pending before the aforesaid Family court.
3. It has been argued by the learned counsel for the applicant that the opposite party No. 2 was granted maintenance by the Family court and thereafter she has initiated the aforesaid proceedings under Section 125(3) Cr.P.C. The applicant has already filed a revision against the order of maintenance, which is pending. It was further submitted that in the proceedings under Section 125(3) Cr.P.C. the applicant has filed an application before the Family court concerned stating that the order by which recovery warrant has been sent to the District Magistrate may be kept in abeyance but that application has been rejected by the impugned order dated
20.12.2024.
4. Learned counsel for opposite party No. 2 has opposed the application and submitted that there is no illegality or perversity in the impugned order.
5. I have considered the submissions and perused the record.
6. It is apparent from record that by impugned order dated 20.12.2024 application filed by applicant seeking stay of recovery process has been rejected. No material illegality or perversity could be shown in the impugned order. There is nothing to indicate that there has been any abuse of the process of court or miscarriage of justice in the impugned order so as to require any interference by this Court in exercise of powers conferred under 482 Cr.P.C. The application under Section 482 Cr.P.C. lacks merit and thus, the same is liable to be dismissed.
7. The application under Section 482 Cr.P.C. is hereby dismissed.
Order Date :- 22.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad