Neutral Citation No. - 2025:AHC:78414 Court No. - 87 Case :- APPLICATION U/S 482 No. - 32077 of 2024 Applicant :- Murslim Saiphi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.,Mayank Krishna S Chandel,Vinod Kumar Chandel Hon'ble Prashant Kumar,J. 1. The matter was referred to Mediation Centre of this Court vide order dated 23.09.2024, however, report submitted by the Mediation Center shows that the Mediation has been failed. 2. Heard Sri Pradeep Kumar, learned counsel for the applicant, Sri Neelkant Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. 3. The present application under Section 482 Cr.P.C has been filed by the applicant praying for quashing impugned order dated 29.5.2023 passed by Judicial Magistrate, Gram Nyayalay, Dhanaura, District Amroha in Criminal Misc. Case No. 77 of 2022 (Smt. Dilshana vs. Ramesh Gupta) under section 125 Cr.P.C. 4. Learned counsel for the applicant submits that marriage of the applicant was solemnized with O.P. no.2 but due to matrimonial discord, the wife left the matrimonial house and filed an application under Section 125 Cr.P.C. wherein vide order dated 29.05.2023 the applicant was directed to pay Rs.7,000/- per month to the wife and Rs.3000/- per month to minor daughter. He further submitted that the financial status of applicant is not so sound and the maintenance amount awarded by the court below is on higher side. In the aforesaid backdrop, he submitted that the impugned order is liable to be set aside. 5. Per contra, learned A.G.A. vehemently opposes the application and contends that the Court below has awarded maintenance of Rs.10,000/- per month to the wife and minor daughter both, which is considerably meager amount for the said purpose, hence, no interference is required by this Court in the impugned orders. 6.To buttress his argument, learned A.G.A. has placed reliance on a judgment passed by Hon'ble Supreme Court in Bhuwan Mohan Singh vs Meena & Ors, AIR 2014 Supreme Court 2875 wherein the Court has held that Section 125 Cr.P.C. was conceived to ensure that a woman, who has left or thrown out of matrimonial house, can sustain herself and her children. The Court further held that concept of sustenance does not necessarily mean "to lead the life of an animal", rather the wife would be entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. 7. On perusal of the impugned order, it transpires that the family Court has returned a specific finding that the applicant has failed to produce any document showing that he has ever made payment of the maintenance amount awarded by the court below to his wife. I find that the court below has not committed any illegality while passing the impugned order. 8. In view of aforesaid proposition of law laid down by Hon'ble Apex Court and the facts and circumstances of the case, I find that filing of this application is nothing but pure abuse of process of law and there is no merit in this application as the same has been filed just to delay the payment of dues to the wife. 9. The instant application is, accordingly, dismissed. Order Date :- 13.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad