Ravi Bhardwaj @ Mukul Bhardwaj v. State of U.P. and 2 Others

Court No. - 87 Case :- APPLICATION U/S 482 No. - 39483 of 2023 Applicant :- Ravi Bhardwaj @ Mukul Bhardwaj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ranjeet Kumar Yadav,Mahendra Kumar Counsel for Opposite Party :- G.A.,Satyavrat Sahai,Sunil Dutt Kautilya Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and Sri S.D. Kautilya along with Sri Satyavrat Sahai, learned counsel for opposite party Nos. 2 & 3.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the order dated 08.09.2023 passed by Principal Judge, Family Court, Muzaffar Nagar in Case No. 205 of 2022 (Smt. Paridhi and another Vs. Ravi Bhardwaj @ Mukul Bhardwaj), under Section 125 Cr.P.C..

¶3After some argument, learned counsel for the applicant submitted that direction may be issued to trial Court to decide the aforesaid case at the earliest and further stay the arrears of interim maintenance.

¶4Sri S.D. Kautilya, learned counsel for opposite party Nos. 2 & 3 submitted that he has no objection to the prayer made by learned counsel for applicant, but submitted that a direction may be issued to the applicant to pay the amount as directed by the trial Court vide order dated 08.09.2023.

¶5Considering the facts and circumstances of the case, this application is finally disposed of with direction to the trial court to decide the aforesaid Case No. 205 of 2022, under Section 125 Cr.P.C strictly in accordance with law, maximum within a period of three months from the date of production of certified copy of this order subject to payment of 50% of arrears of interim maintenance in terms of order dated 08.09.2023 within three weeks from today. Further, he shall also pay monthly payment in terms of order dated 08.09.2023 till the disposal of the case.

¶6It is made clear that in case amount so mentioned herein-above is not paid within the time given, this order would lost its effect and thereafter, Court may proceed against the applicant in accordance with law.

¶7In case payment of 50% amount of arrears of interim maintenance and monthly payment are not paid by the applicant, Principal Judge, Family Court, Muzaffar Nagar shall release the same in favour of opposite party No. 2.

¶8Rest of the arrears shall be subject to final disposal of case. Order Date :- 9.11.2023 Sartaj High Court of Judicature at Allahabad