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Amit Kumar And Ors vs State Of Up And Another

High Court Of Judicature at Allahabad|26 April, 2019
Court No. - 64
Case :- APPLICATION U/S 482 No. - 16678 of 2019 Applicant :- Amit Kumar And 4 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Sachshidanand Rai,Ravi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant has sought for quashing/set aside the exparte order dated 13.4.2017 including ex parte recovery warrant dated 23.8.2017 passed by Additional Chief Judicial Magistrate 1st Muzaffar Nagar in case no. 127/2011/2016( Smt. Shiwani Vs. Amit and others) under section 12-2(a)(2)(F)2(G) of Protection of Women from Domestic Violence Act, 2005 P.S. Nai Mandi district Muzaffarnagar as well as the order dated 16.1.2019 by which recall/restoration application filed by the applicant no.1 before the learned A.C.J.M. ist has been rejected.
At the very outset an offer has been made to the effect that the applicant is ready to make payment of a sum of Rs.4 lacs to Smt. Shiwani O.P. No. 2 in four instalment provided some reasonable time is given.
Considering the fact that huge amount is involved in the present case, some instalments may also be fixed for which the applicant insisted for four instalments in four months.
A sum of Rs. 1 lac will be paid to Smt. Shiwani, O.P. No. 2 by the applicant at the expiry of the first month in the shape of first instalment, then thereafter at the expiry of the second month, next instalment to the tune of Rs. 1 lac will be paid and it will be paid so on and so forth till the fourth instalment is paidup.
The submission made by the learned counsel for the applicant is accepted. The applicant is required to fulfil his promise by making payment of Rs. 4 lacs to Smt. Shiwani, O.P. No.2 within a period of four months by way of four installments as desired by him. However, in case of failure of the first instalment of Rs. 1 lac, the court below may proceed against the applicant in accordance with law.
In case, on or before the expiry of one month from today, if the instalment of 1 lac is paid to Smt. Shiwani, O.P. No.2 by the applicant, no coercive action shall be taken against the applicant and this process shall be kept open from first to the next instalment till the expiry of the fourth instalment.
Subject to the aforesaid conditions, the impugned recovery warrant shall not be enforced in the meanwhile.
With this direction this application is finally disposed of.
Order Date :- 26.4.2019 N.A.
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Judges
  • Arvind Kumar Mishra I
Advocates
  • Sachshidanand Rai Ravi Kumar Mishra