Prashant Kumar v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 37059 of 2023 Applicant :- Prashant Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.,Kuldeep Kumar Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned AGA for the State, Shri Kuldeep Kumar, learned counsel for the opposite party no. 2 and perused the record.

¶2The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated

18.05.2022 passed by Additional Principal Judge, Family Court, Court No.3, Bulandshaher in Case No. 775 of 2019 (Smt. Himani Vs. Prashant Kumar), under Section 125 Cr.P.C., Police Station Kotwali Nagar, District Bulandshaher.

¶3Learned counsel for the applicant has submitted that pursuant to the order dated 18.05.2022, the applicant was directed to pay a sum of Rs. 20,000/- per month to the opposite party nos.2 and 3. He has further submitted that pursuant to the said order, an amount of Rs. 4,30,000/- stands due to the opposite party nos.2 and 3, out of which, a sum of Rs.2,00,000/- has already been paid to opposite party nos.2 and 3 and the applicant is ready to pay the entire balance amount of Rs.2,30,000/- to them in eight equal installments.

¶4In view of the above statement, applicant is directed to pay the entire balance amount of Rs. 2,30,000/- to opposite party nos.2 and 3 in eight equal installments, payable on

10.12.2023,

10.01.2024,

20.02.2024,

10.03.2024,

10.04.2024, 10.05.2024, 10.06.2024 and 10.07.2024, together with an amount of Rs.20,000/-, which is directed to be paid monthly.

¶5Learned counsel for the opposite party No. 2 has no objection to the said installments.

¶6With the aforesaid directions, this application under Section 482 Cr.P.C. is finally disposed of subject to the regular payment of due amount as well as regular monthly maintenance amount to the opposite party No. 2.

¶7Till 10.07.2024, interim order dated 31.10.2023 stands extended.

¶8In case, the said amount is not deposited by the applicant within given time, the court below shall be at liberty to proceed against the applicant for the recovery of balance amount. Order Date :- 9.11.2023 Nadim High Court of Judicature at Allahabad