HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5093 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Sri Ravish Kumar Singh, Advocate for opposite party no. 2 appeared and filed Vakalatnama which is taken on record. Heard learned counsel for the revisionists, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed with a prayer to allow the revision and set aside the entire proceeding in Case No. 33 of 2023 (Swati Jha Vs. Milind Parashar and others) under Section 29 of Domestic Violence (Protection of Women) Act, Police Station George Town, Prayagraj and order dated 16.07.2025 passed by learned Additional Session Judge, Court No. 13, Prayagraj in Criminal Appeal No. 194 of 2024 (Milind Parashar and others Vs. State of U.P. and another) by which the revisionist was directed to pay maintenance of Rs. 8,000/- per month to respondent nos. 2 and further prays to stay the effect and operation of the order dated 08.10.2024, in Case No. 33 of 2023 (Swati Jha Vs. Milind Parashar and others) under Section 29 of Domestic Violence (Protection of Women) Act, Police Station George Town, Prayagraj and order dated 16.07.2025 passed by learned Additional Session Judge, Court No. 13, Prayagraj in Criminal Appeal No. 194 of 2024 (Milind Parashar and others Vs. State of U.P. and another) by which the revisionist was directed to pay maintenance of Rs. 8,000/- per month to respondent nos. 2 during the pendency of the present criminal revision. It is submitted by learned counsel for the revisionists that in this case a Versus Counsel for Revisionist(s) : Anand Kumar Pandey Counsel for Opposite Party(s) : G.A. Milind Parashar And 4 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) complaint under Section 12 Protection of Women from Domestic Violence Act was filed by the wife in which an application under Section 23 of the Act was also moved for interim maintenance which was allowed by the learned trial court by order dated 08.10.2024 fixing the amount of maintenance Rs. 8,000/- per month from the date of application. He further submits that an application under Section 125 Cr.P.C. was also moved by the wife registered as Case No. 341 of 2023 with an application for interim maintenance which was allowed by order dated 29.05.2025 and interim maintenance Rs. 10,000/- per month was fixed in favour of wife and it was also directed that any amount received or to be received by the wife in that case or in any case shall be subject to adjustment, therefore, he request to direct the learned trial court to adjust the amount of maintenance Rs. 8,000/- per month as ordered on 08.10.2024 in the amount as fixed in the case under Section 125 Cr.P.C. by order dated 29.05.2025, since the smaller amount is to be adjusted in the larger amount as observed by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that there is direction in this regard already made by the learned trial court in case under Section 125 Cr.P.C. which was decided on 29.05.2025 and interim maintenance was allowed, therefore, there is no need of separate order for adjustment but this revision has been filed only to make harassment of the wife and for lingering the realization of amount of arrears of maintenance. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. and perusal of material on record, the order passed by the learned trial court dated 08.10.2024 under Section 23 Protection of Women from Domestic Violence Act and fixing the amount of maintenance Rs. 8,000/- per month from the date of application, the order passed by the learned trial court in Case No. 341 of 2023 under Section 125 Cr.P.C. by which interim maintenance Rs. 10,000/- per month in favour of wife against the revisionist has been allowed from the date of application and there is direction of the learned court that the amount received or to be received by the wife will be subject to adjustment in that amount. In this way, there is no need of passing separate order in this regard since the learned trial court has already directed about the adjustment of the amount and as per observation made by the Hon'ble Supreme Court in Rajnesh Vs. Neha case, the smaller amount shall be CRLR No. 5093 of 2025 2 adjusted in the larger amount. Accordingly, the amount as fixed by the learned trial court by order dated 08.10.2024 under Section 23 Protection of Women from Domestic Violence Act shall be subject to adjustment in the amount of interim maintenance as fixed by the learned trial court in case under Section 125 Cr.P.C. by order dated 29.05.2025. Accordingly, this criminal revision is disposed of finally. September 4, 2025 Suraj Srivastav CRLR No. 5093 of 2025 3 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad