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Neutral Citation No. - 2025:AHC:69088 Court No. - 87 Case :- APPLICATION U/S 482 No. - 32320 of 2024 Applicant :- Smt Poonam Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Achyuta Nand Pandey,Anand Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed by applicant to quash the impugned order dated 6.7.2024 passed by learned Additional Principal Judge, Family Court No.3, Allahabad in Case No. 619 of 2022 (Poonam Pandey Vs. Dr. Rakesh Kumar Pandey) under Section 127 of Cr.P.C., whereby he closed the proceeding of the aforesaid case.
3. Learned counsel for the applicant submits applicant was married with the opposite party no.2 on 21.4.2001 according to Hindu rites and customs and a male child was born from their wedlock, namely, Ritesh Pandey. After marriage some dispute arose between both the parties and both of them filed a divorce petition and the same has been allowed and both started to live separately. The applicant filed an application under section 125 Cr.P.C. for maintenance of applicant and her son. Vide order dated 4.6.2022, the prayer to pay maintenance to the applicant was dismissed and opposite party no.2 was directed to pay Rs. 15,000/- per month to her child as maintenance. When the opposite party no.2 did not pay any amount for the maintenance of his child, then the applicant filed an Execution Case No.619 of 2022 under Section 128 Cr.P.C. for recovery of maintenance amount with arrears of Rs. 20,40,000/-. Vide order dated 7.7.2023 the case was transferred to the court of Additional Principal Judge, Family Court No.3, Allahabad. It is further submitted that during execution proceeding, the opposite party no. 2 deposited Rs. 50,000/- and Rs. 15,000/- on 17.02.2024 and 1.4.2024 respectively. He further submits that when her son became adult, opposite party no.2 moved an application for withdraw the execution case. Thereafter against that withdrawn application, the applicant filed objection on
1.7.2024. Thereafter after hearing both the parties, the impugned
order dated 6.7.2024 was passed by the Additional Principal Judge, Family Court No.3, Allahabad whereby he allowed the withdrawal application dated 27.5.2024 filed by son of applicant and finished the proceeding of execution case No. 619 of 2022 under Section 128 Cr.P.C.
4. Considering the facts and circumstances of the case and after hearing the learned counsel for the parties, the court does not find any illegality in the impugned order.
5. Accordingly, the instant application is dismissed.
Order Date :- 29.4.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad