Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 96297 (ALL)

AMIT ALIAS SHEELU v. STATE OF U.P. AND 2 OTHERS

A482/31855/2024 · 2025-01-05

Raj Beer Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:2067 Court No. - 73 Case :- APPLICATION U/S 482 No. - 31855 of 2024 Applicant :- Amit Alias Sheelu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been preferred against the order dated 18.07.2024, passed by the Principal Judge, Family Court, Jalaun in criminal misc. case no. 49 of 2023, under Section 125(3)/128 Cr.P.C., P.S. Kalpi, District Jalaun, whereby recovery warrants have been issued against the applicant. 3. It has been submitted by learned counsel for the applicant that the opposite party no. 2 is wife and opposite party no. 3 is minor son of the applicant and they have filed a case under Section 125 Cr.P.C., which was decided by judgement dated 28.03.2016, granting maintenance to the opposite party nos. 2 and 3. Learned counsel further submitted that the applicant is ready to transfer his agricultural land in favour of the private opposite parties to settle the matter finally and thus, the impugned order may be quashed. 4. Learned AGA 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. Perusal of record shows that the opposite party nos. 2 and 3, who are wife and son of applicant, were granted maintenance by the Family court vide judgement dated 28.03.2016. In proceedings under Section 128 Cr.P.C., the Family Court has issued recovery warrants for realization of arrears of maintenance. No such patent illegality or abuse of the process of Court could be shown in the impugned order so as to require any interference by this Court by invoking inherent jurisdiction under Section 482 Cr.P.C. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed. 7. The application under Section 482 Cr.P.C. is hereby dismissed. Order Date :- 6.1.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad