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High CourtsSingle Bench(2008) 02 UK CK 0023

Aftab Ahmad vs State Of Uttarakhand and Others

Uttarakhand High Court · Decided on 5 February 2008 · Citation: (2008) NCC 813

HON’BLE JUDGES
Prafulla C. Pant, J
CASE NUMBER
Criminal Miscellaneous App. No. 80 of 2008

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Judgment

7 paragraphs · 334 words

Hon''ble Prafulla C. Pant, J.—Urgency application is allowed. Heard.

2.

By means of this petition, moved u/s 482 Cr.P.C., the petitioner has sought quashing of the order dated 08.01.2008, passed by learned Principal Judge, Family Court, Dehradun, in case No. 138 of 2004 (mentioned as case No. 160 of 2007 in the prayer), Mumtaz Vs. Aftab u/s 125 Cr.P.C.

3.

Admit the petition.

4.

Issue notices to respondent No. 2-Smt. Mumtaz, who may file her counter affidavit within a period of three weeks.

5.

Also, heard on stay/bail application.

6.

It appears that respondent No. 2-Smt. Mumtaz, filed a case (No. 185 of 2002) u/s 125 of Code of Criminal Procedure, 1973, against the petitioner (husband) for maintenance. Learned Principal Judge, Family Court, Dehradun, vide order dated 20.03.2004, directed the husband to pay Rs. 4,000/- per month, as maintenance to his wife-Mumtaz. Learned counsel for the petitioner (husband) argued that a compromise (now disputed) was entered into between the petitioner and respondent No. 2-Mumtaz and the matter was finally settled between the parties under which the petitioner was required to pay a lump sum of Rs. 1,50,000/- to respondent No. 2-Mumtaz, as alimony. Meanwhile, the petitioner was sent to jail by the trial court for non payment of arrears of maintenance. It is contended that a draft of Rs. 1,50,000/-in favour of respondent No. 2 is already deposited before the trial court. In the above circumstances, this Court is inclined to pass following interim order: -

Let the petition - Aftab Ahmad be released on bail on executing personal bond of Rs. 10,000/- and one surety of the like amount to the satisfaction of the trial court. It is further directed that further proceedings in case No. 138 of 2004, pending between the parties before the trial court are stayed. However, it is made clear that the amount of Rs. 1,50,000/-, deposited by the petitioner through draft before the trial court in favour of respondent No. 2, shall be released forthwith in her favour.