Neutral Citation No. - 2025:AHC:76347 Court No. - 87 Case :- APPLICATION U/S 482 No. - 31242 of 2024 Applicant :- Monu Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Devi Dayal, learned counsel for the applicant, Sri Neelkant Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C has been filed by the applicant praying for quashing impugned order dated 28.05.2024 passed by the Principal Judge, Family Court, Agra in Criminal Case No.394 of 2023, under section 125 Cr.P.C., P.S. New Agra, District Agra pending int he Court of Principal Judge, Family Court, Agra. 3. Learned counsel for the applicant submits that marriage of the applicant was solemnized with O.P. no.2 on 28.04.2019 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 28.05.2024 the applicant has been directed to pay Rs,3000/- per month to the wife and Rs.1000/- 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. 4. Per contra, learned A.G.A. vehemently opposes the application and contends that the Court below has awarded maintenance of Rs.4000/- per month to the wife and minor daughter, which is considerably meager amount for the said purpose, hence, no interference is required by this Court in the impugned orders. 5.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. 6. In the case in hand, on perusal of the impugned order, it transpires that the trial court had directed the applicant to pay the maintenance amount of Rs.4000/- per month to the wife and minor daughter regularly but the applicant instead of paying maintenance has filed the instant application. 7. 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. 8. The instant application is, accordingly, dismissed.. Order Date :- 9.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad